Terms and Conditions

Terms and Conditions

Website terms and conditions of fotogenic.com.au

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

Trading terms and conditions of www.fotogenic.com.au

Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (www.fotogenic.com.au). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

We are: Fotgenic a company registered in Australia and having its registered office at 24 Walker Street Rhodes NSW 2138, trading as www.fotogenic.com.au

You are: A visitor to Our Website / our customer

The terms and conditions:


1 Definitions

In this agreement:

"Carrier" Means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

"Consumer" Means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

"Our Website" Means the entire computing hardware and software installation that is or supports Our Website.

"Goods" Means any of the Goods we offer for sale on Our Website

"Content" Means any material in any form published on Our Website by us or any third party with our consent.

"Material" Means Content of any sort posted by you on Our Website


2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Goods.

2.3 We shall accept your order by website confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.5 We cannot guarantee that Goods advertised on our website are available.

2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

.1 accept the alternatives we offer;
.2 cancel all or part of your order;

2.2 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

2.3 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [30] days from the date of cancellation of your order.


3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

3.4 We reserve the right to refuse you access to Our Website.


4 Price and Payment

4.1 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than AUD will be borne by you.

4.3 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

4.4 Prices include all taxes.


5 Delivery

5.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2 If we are not able to deliver your Goods within [20] days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.

5.3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.

5.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

5.5 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.

5.6 If delays due to deliveries occur we will not be responsible for any compensation or issue any refunds.


6 Cancellation of order

6.1 You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

6.2 Details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.

6.3 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

6.4 If you cancel after we have despatched the Goods, we will refund the price of the goods only.

6.5 The option to cancel your order is not available if the Goods are:

6.5.1 Made or altered to your specification;
6.5.2 Shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.


6.6 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.

6.7 You are responsible for the cost of returning them.

6.8 To assist us in identifying your Goods on receipt by us, we ask you to telephone [number] for a returns reference to be placed below our address / returns label.

6.9 If you fail to return the goods, within 14 days, we are entitled to arrange for their collection. If we do, you shall be responsible to repay us the cost of collection.

6.10 We will refund your money within 30 days.

6.11 This paragraph does not affect your rights in the event that the Goods are faulty.


7 Foreign taxes, duties and import restrictions

7.1 If you are not in the Australia, we have no knowledge of, and no responsibility for, the laws in your country.

7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.


8 Goods returned

8.1 If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:

8.1.1 Exactly what is the fault;
8.1.2 The date, if relevant, when the fault became apparent;
8.1.3 When and how you discovered the fault;
8.1.4 How the fault affected your use of the Goods;
8.1.5 Must provide us with photo evidence of the Goods;

8.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:

8.2.1 You must tell us by email message to warranty@fotogenic.com.au or by letter to our land address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

8.2.2 The Goods must be returned to us as soon as any defect is discovered.

8.3 So far as possible, Goods should be returned:

8.3.1 With both goods and all packaging as far as possible in their original condition;
8.3.2 Securely wrapped;
8.3.3 Including our delivery slip;
8.3.4 At your risk and cost.


9 Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

9.3 We give no warranty and make no representation, express or implied, as to:

9.3.1 The adequacy or appropriateness of the Goods for your purpose;

9.3.2 The truth of any Content on Our Website published by someone other than us;

9.3.3 Any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;

9.3.4 Compatibility of Our Website with your equipment, software or telecommunications connection.

9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

9.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

9.7 The above two sub paragraphs do not apply to a claim for personal injury.


10 Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

10.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

10.6 Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

10.7 Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by fotogenic in its sole discretion. If membership has been revoked, fotogenic reserves the right to refuse application or readmission to the membership program.

11 Your email address

11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.


12 System Security

12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

12.3 You may not use any software tool for the purpose of extracting data from our website.

12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.


13 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of our web site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.


14 Miscellaneous provisions

14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

14.3 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.4 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14.5 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

14.6 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

14.7 This Agreement shall be governed by and construed in accordance with the laws of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.