Terms & Conditions of Sale
By purchasing products from Imagination Photography (“imaginationphotography.com.au”) the purchaser (“The Customer”), agrees to the following terms and conditions of sale.
- Consumer Guarantees Act 1993: Where the provisions of the Consumer Guarantees Act 1993 apply, these terms will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.
- Cancellation and return: The buyer should inspect all purchased items immediately upon receipt and will notify Imagination Photography within 7 working days of delivery confirming in writing if the goods are damaged or do not match the description given on the website at the time the order was placed. If the buyer fails to do so the buyer will be deemed to have accepted the goods.
Where a claim of defect or damage is made the purchased items should be returned by the buyer to Imagination Photography. The buyer will be entitled to a full refund of the price of the defective items if the items are in fact defective.
- Order Cancellation: Purchased items must be returned by Imagination Photography at the buyer’s expense and should be adequately insured during the return journey. The buyer will receive a refund of all monies paid for the items except for return postal charges within 30 days of cancellation. If the buyer fails to return the goods following cancellation, Imagination Photography will be entitled to deduct the cost of recovering the goods from the buyer.
Goods to be returned must clearly show the order date, order reference number and customers’ address on the package.
Where returned goods are found to be damaged due to the buyer’s fault the buyer will be liable for the cost of remedying such damage.
- Addressing: If a product is found to be mis-addressed by imaginationphotography.com.au then Imagination Photography shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then HughBrown.com will not refund or resend the product and all responsibilty for correcting delivery will be borne by the Customer.
- Stock Availability: Imagination Photography seeks to ensure that all products listed on the site are currently available, however, occasionally the dispatch of some products could be delayed to to third-party suppliers. Imagination Photography aims to ensure all information on this site is as accurate as possible however some errors and omissions are expected.
- Delivery Estimates: Imagination Photography makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information is accurate and that delivery times are not adversely affected by unforseen events. By placing an order, you agree not to hold Imagination Photography liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
- GST: all prices are GST inclusive unless otherwise stated.
- Limitation of Liability: The Customer shall indemnify Imagination Photography against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered. Imagination Photography shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Imagination Photography has been advised of their possibility. In no case shall the maximum liability exceed the cost of the original order.
- Indemnity: Imagination Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the use of, publication or distribution of the images. You agree to indemnify Imagination Photography against any claims and/or damages against us including any legal fees arising from the images. Imagination Photography assumes the organisation has signed model release forms for any of their players, members or guests before using any images in a commercial way and is not responsible in obtaining model releases prior to or at the completion of events.
- Site Access: Imagination Photography hereby grants you permission to access and view the content appearing on this site. You agree not to download any images from the site without the expressed written permission of Imagination Photography. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the expressed written permission of Imagination Photography, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
- Copyright & Trademarks: You agree that the content you access or view and the software used to create it, remains the property of Imagination Photography as defined by Australian and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter the content in any way, or make it available to any third parties.
- Alteration of images: Images supplied to you are not to be digitally manipulated and presented as representing Imagination Photography’s work. We pride ourselves on producing quality work.
- Accreditation: Any image placed onto social web sites such as Facebook or any other website must be credited to Imagination Photography. No other commercial party is granted the right to reproduce the photos nor can be given a copy of the images without specific approval from Imagination Photography.
- Exclusivity: Unless otherwise agreed upon in writing, the images are supplied on a non-exclusive basis. Imagination Photography retains the right to use the images for self-promotion and may on-sell the images to third parties during the terms of your Usage Licence if it deems there is no conflict of interest with your usage requirements. Imagination Photography may use any image in industry competitions and as required subsequent usage and for reasonable general promotional advertising for the Studio.
- You will be given the opportunity to receive communications from Imagination Photography. These communications will include promotional and marketing materials and other information relating to the service. Your personal details will not be made available to any third party.
Imagination Photography would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
The information on this website is provided for general information only. Imagination Photography has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur including through negligence.
Accordingly, Imagination Photography does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.
Imagination Photography P.O. 56 Trinity Beach Queensland 4879