Terms and Conditions for granting of Licence
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
By entering this website, and/or any subsite accessible on this site you ('the user') accept, without limitation or qualification, the Terms and Conditions of Use set forth below and any additional terms and conditions of use set forth in any subsite or in connection with any promotion or service contained within such sites. If you do not accept these Terms and Conditions of Use, you should exit the website.
This website contains images from various entities (the 'Property Owner') and this website and its design, text, graphics, the selection and arrangement thereof, is Copyright © of Auscape although certain third party copyright materials may be included from time to time. The trade marks and trade names depicted in this website are proprietary to those entities set forth as trade marks of Auscape.
Other proprietary trade marks and trade names may be featured on this website from time to time. Third party images, trademarks and brands may not be reproduced or appropriated in any manner without the written permission of their respective owners.
Content and information provided by third parties other than Auscape is identified clearly where it appears. Auscape publishes this content as supplied to it and is not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website [images.auscape.com.au] (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
www.mediastorehouse.com is a site operated by Media Storehouse (Australia) Pty Ltd (we). We are registered in Australia under company number ACN 152 200 292 with our registered office care of Caffarelli & Associates, Level 1, 38 Richardson Street, West Perth, Western Australia 6005. Our ABN is 85 152 200 292.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the Serviced Countries. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.
3. YOUR OBLIGATIONS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in one of the Serviced Countries;
(d) You are accessing our site from that country; and
(e) You will only use the Product and the Images for your own personal use and you will not distribute or commercially exploit the Products or the Images
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. THIRD PARTY SELLERS
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS – COMPETITION AND CONSUMER ACT 2010
The Products come with certain consumer guarantees which cannot be excluded under Australian Consumer Law. You have the right to a remedy if a Product does not meet a consumer guarantee.
(a) In the case of a minor failure we will, at our discretion, repair the Product, replace the Product with an identical Product or provide you with a refund.
(b) In the case of a major (serious) failure, you have the right to either return the Product and obtain a refund, return the Product and obtain a replacement Product, or keep the Product and obtain compensation for any decrease in value caused by the failure. A major failure includes a Product which is unsafe or unfit for purpose and cannot easily be fixed within a reasonable time.
(c) You also have the right to seek compensation for any reasonably foreseeable loss or damage resulting from a Product’s failure to meet a consumer guarantee.
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. If you have any problems with your order, please do not hesitate to contact us.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices exclude GST and delivery costs, which will be added to the total amount due.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price prior to sending you a Dispatch Confirmation.
9.6 Payment for all Products must be by credit or debit card. We accept payment by most major credit and debit cards. Payment will be debited from your account before the dispatch of your purchase. All credit and debit card holders are subject to validation checks and authorisation by the card issuer and ourselves. We will not be liable for any delays to your order this may cause. If the issuer of your payment card refuses to authorise payment to us or you fail our security checks, we will not be liable for any delay or non-delivery.
10. REFUNDS AND RETURNS POLICY
10.1 Refunds will not be given on any change of mind or incorrect choice in relation to product, image or size selected.
10.2 If a Product is incorrectly provided, damaged prior to delivery, faulty or not fit for its usual purpose, we will either replace it, provide a refund, or arrange for it to be repaired.
10.3 We will either replace the Product or provide a refund for the Product within 28 days of receiving the returned product. Once we have processed the returned Product, we will notify you via electronic communication of your entitlement to a replacement Product or a refund. Please note we will only refund delivery costs if the return is a result of our error.
10.4 We will replace faulty Products with an identical Product or, if the Product is no longer available, we will refund back to a credit card.
10.5 We check every single returned Product. If a Product is found by independent testing not to be faulty, we may return the Product with a postage charge.
10.6 To return a Product to us, please email us via our feedback page [http://images.auscape.com.au/r3/dmcs_feedback.html] for authorisation and instructions. Indicate the reason for your return of the Product, include the invoice with your return, and wrap the Product securely (the package the Product arrived in can often be re-used for returning the Product). PLEASE POST BY RECORDED DELIVERY ONLY.
11. OUR LIABILITY
11.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.2 However, this does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.3 To the extent permitted by law, we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.4 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
11.5 These clauses do not exclude any rights which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.
12. IMPORT DUTY
12.1 If you order Products from our site for delivery outside Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be addressed to Media Storehouse (Australia) Pty Ltd care of Caffarelli & Associates, Level 1, 38 Richardson Street, West Perth, Western Australia 6005. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by Australian Law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Australia.