Terms & Conditions
To create an account and place an order, you must be 18 years of age or over to do so. By placing an order on our website, you agree to give:
Your real name
Your e-mail address
Your billing address
A delivery address (this may be the same as your billing address)
A contact phone number (in case we need to speak to you about your order)
If your order cannot be fulfilled, or your order cannot be delivered, we will contact you within a reasonable time frame.
If something is not in stock, we will let you know as soon as possible after the order has been placed. If part of your order is not ready to dispatch immediately, we may send it in a separate parcel after your main order has been despatched.
We aim to process and dispatch orders as quickly as possible. As every photography product is made to order there may be short delays between placing your order and receiving the products. We aim to process orders within two business days and have orders dispatched within 14 working days.
If you have a complaint relating to our Terms and Conditions or our products, we will attempt to resolve the complaint as quickly as possible. If the process is exhausted and the complaint is not settled in this way, you may request that the dispute be settled by mediation through your state or territory consumer protection agency or the Australian Competition & Consumer Commission (ACCC).
All delivery prices will be shown upon checkout. We use a number of delivery services including, but not limited to: Australia Post, Toll, DHL.
In the event that your order has not arrived within a reasonable period of time please contact us.
2.1 Privacy and Personal Data
So that your order can be delivered, we will provide your details to our couriers and postal service providers that deliver your order.
2.2 Events beyond our control
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).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes but is not limited to:
- Strikes or other industrial action.
- Civil commotion, terrorism or threat of, war or threat or preparation for.
- Fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster.
- Disruption to supplies or delivery methods.
- Acts of government or regulatory bodies.
- Disruption to public or private telecommunications networks.
All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been dispatched.
Once we accept your order, a contract to purchase and deliver products takes effect between you and Alister Buckingham Photography. You pay the sum that you see at the end of the checkout process, together with the delivery fee. Upon receipt of your order for the products you will be charged for the products and the delivery costs.
Products will be at your sole risk from the time of delivery to you.
2.4 The Contract
When we confirm acceptance of your order by confirming the products have been despatched a legally binding contract will exist between us. If we do not confirm acceptance we will refund your payment.
Your order constitutes an offer to us to buy a product. If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel or suspend their order.
This includes non-payment of ordered products and fraudulent use of our website and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer who we have suspended.
Ownership of the products will only pass to you when we have received full payment and the order has been accepted.
A person who is not party to the contract shall not have any rights under or in connection with it.
By ordering from our website, you agree not to commercially resell any of our products. Commercially reselling our products is a breach of these terms and conditions and your agreement with us.
4. Payment and Security
We do not hold your credit card data. You do not enter any credit card data into our website. When choosing PayPal, you come to pay for your products you leave our site and your payment is processed through PayPal.com. When choosing to pay by credit card, your payment is processed through the “Eway” payment portal.
5. Prices and GST
Our prices, as stated on our website, are in Australian dollars. We reserve the right to alter prices at any time. The price paid for the product will include Australian GST, and this will also be shown on your invoice once the order has been placed. Prices and promotions held in our stores may not apply to this website, unless otherwise stated, and vice versa. Please note that offers are subject to availability and may end before originally advertised.
6. Cancellations and Returns
We aim to dispatch orders as quickly as possible, so if you want to cancel an order without incurring a cost for returning unwanted items to us, you will need to do it before your order is dispatched. If you do need to cancel an order, please contact us as soon as possible. Once your order has been confirmed, we are usually unable to make changes.
To cancel a contract, please contact us as soon as possible. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email, then your cancellation is effective from the date you sent us the email. You need to inform us of your decision to cancel before your order is processed.
It is not possible to cancel a contract when physical items from your order have already been dispatched to you, unless the products are faulty or not as described. Returns for change of mind will not be accepted. In the case of return, you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession. If the items are deemed faulty or not as described, you will be refunded return postage costs if return is accepted.
If you cancel a contract within the cancellation period, you will receive a full refund of the price you paid for the products. You will not be refunded for any costs you have incurred for returning the products to us. Where the products have already been delivered to you, we will process the refund due to you as soon as possible and, in any case, within 14 calendar days after the day on which we receive the returned products, or (if earlier) within 14 calendar days after the day you provide us with evidence that the products were returned to us. Where the products have not been delivered to you, we will process the refund within 14 calendar days after the day we were informed of your decision to cancel the contract. We will refund you via the payment method used by you to pay for the products.
We have a legal duty to supply products that conform with the descriptions and specifications in the contract between you and us. As a consumer, you will always have legal rights in relation to products that are faulty or not as described which are not affected by your cancellation rights above. If you have returned the products to us because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
In the event of a damaged parcel
We strive to pack all producst safely, but sometimes parcels can get mishandled during transit. If your item is damaged, faulty, or different to how it was described follow these steps:
- Take a photo of the item/s
• Contact us via email or contact form, then send the photos along with your order reference number and a receipt for the cost of return to us
• We will contact you to arrange the return of the product. Once the item/s have been received and reviewed, you will either receive your new items (for exchange), or a refund for the cost of the purchase. Refunds will be issued directly to the payment card or account used for the purchase. Email notification will be sent once the return has been processed. Please allow up to seven days for the refund to process. Nothing in these Terms and Conditions affects your statutory rights.
Alister Buckingham Photography does not accept returns in the event of a change of mind.
7. GST Queries
Delivery costs will be added to your order and the final total will include GST calculated on your products and the cost of delivery.
8. Your Statutory Rights
Nothing in these terms affects your statutory rights. This agreement shall be subject to and constructed according to Australian law and the parties agree to accept the exclusive direction of the Courts of Australia. Alister Buckingham Photography commits to comply with Australian Consumer Law and Consumer Guarantees.
We may vary these terms from time to time. If we do we will replace these terms on our website with our new terms.
Terms and conditions solely relating to image licensing are set out below.
1) In this Agreement the terms
a) Picture includes a photograph, transparency, negative, design, digital files, montage, or any other item which may be offered for the purposes of reproduction:
b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered whether by printing, photography, digital alteration, projection (whether or not to an audience) reprography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
2) Use of the images or payment of the invoice signifies acceptance of these license terms.
3) No variation of terms of conditions set out herein shall be effective unless agreed to in writing by both parties.
4) Pictures are supplied on loan and no property or copyright in any pictures shall pass to the Client whether on its submission or on the Supplier’s grant of reproduction rights in respect thereof.
a) Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Supplier’s invoice and unless otherwise agreed to, in writing relate to a single publication in a single size with text (if any). Reproduction rights are not granted exclusively to the Client except when specified on the invoice.
b) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
c) Any reproduction rights granted are by way of express licence as per the terms of this document and the Supplier’s invoice and no partial or other assignment or licence of copyright shall be implied.
5) Risk in and responsibility for pictures passes to the Client from the time they are received or loaned until the expiration of the loan or reproduction license. The Client shall immediately inform the Supplier in writing of any known loss or misuse of, or damage to the pictures while in the Client’s possession or that of any third party.
a) The Client shall be liable to pay compensation to the Supplier in respect of each instance of misuse, loss or damaged picture.
6) Until the Supplier has acknowledged payment for invoices for the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby the Supplier is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights the Supplier may in its discretion cancel subject to the Client paying a cancellation fee.
7) The Client’s right to reproduce a picture arises only when the Supplier’s invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to rescind the Agreement and rendering the Client liable for the payment of damages.
8) The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by the Supplier.
9) The Supplier’s invoice shall be paid on or before the due date indicated on the invoice save in the case of newspaper, periodical and broadcasting clients where payment shall be made no later than the end of the calendar month immediately succeeding publication or use.
a) If payment is not made in accordance with as above then the Supplier may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.
10) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed the Supplier may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Supplier’s pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
11) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by the Supplier the reproduction fee payable by the Client shall be subject to an increase.
12) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of the Supplier.
13) In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to the Supplier by the client free of charge within two weeks. In other media, evidence of use must be made available if requested.
14) While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.
15) Upon expiration of the reproduction term as set out in invoices, the Client must cease reproduction or publication of loaned pictures, and reasonably withdraw loaned pictures from publication, else the Client receive an additional fee.
16) The Supplier shall not be responsible for any fees relating to payments made by the Client including, but limited to: bank transfer, credit card fees, international currency or transaction fees.
17) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the Supplier gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
18) This agreement shall be subject to and constructed according to Australian law and the parties agree to accept the exclusive direction of the Courts of Australia.