terms and conditions
introduction |
privacy |
product information |
placing & accepting orders |
delivery times |
delivery |
returns and exchanges |
refunds |
release and indemnity |
introduction
These Terms and Conditions govern the use of FlashCameras.com website ("the
website") and the purchase of any goods from it.
The products and services offered for sale by FlashCameras.com
are not available to persons under the age of 18 year old
and any other persons who are legally prohibited form entering
into binding contracts. Any party engaged in illegal activities
involving the use of the website will be subject to civil
and criminal sanctions and prosecution. FlashCameras.com does
not guarantee that it will be able to prevent any illegal
or inappropriate use of this website, nor that it will give
notice of any illegal or inappropriate use of the website.
Cameras attract a Goods and Services Tax (GST) at 10% if
delivered in Australia. The GST-inclusive price that appears
on the site is the price you pay.
It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card.
Fraudulent ordering will be prosecuted to the fullest extent the law allows.
acknowledgment and acceptance of terms and conditions
FlashCameras.com website is owned and operated by Parnham
& Associates Pty Ltd (ABN 30 418 778 178). By accessing,
browsing, or using this website, you agree to the terms, conditions,
disclaimers and limitations of liability herein as amended
from time to time. By purchasing an item advertised on this
website and/or by completing the registration process to become
an Reseller (stockist) of FlashCameras.com, you agree to be bound
by these Terms and Conditions. FlashCameras.com may amend these
Terms and Conditions from time to time and any amendment constitutes
an agreement to abide by and be bound by those Terms and Conditions,
as amended. By using the website, you acknowledge that you
have read and understood these Terms and Conditions.
limitation of liability
Any liability of FlashCameras.com or FlashCameras.com's
Employees and Agents in connection with goods or services supplied to you will,
subject to any non-excludable liability for breach of conditions or warranties
implied by legislation and to the maximum extent permitted by law, at the election
of FlashCameras.com be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply
of equivalent goods, the payment of the cost of replacing or repairing the goods
or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment
of the cost of having the services supplied again.
disclaimer
This disclaimer constitutes part of these Terms and Conditions.
copyright
Copyright in FlashCameras.com website is property of Parnham
& Associates Pty Ltd. Material on this website also comprises
copyright material, trademarks and registered trademarks which
are the property of Parnham & Associates Pty Ltd and third
parties. This property may only be used for the purposes of
browsing the FlashCameras.com website and acquiring goods
and services of FlashCameras.com.
applicable law
These Terms and Conditions are governed by the laws in force in Victoria, Australia
and you irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of Victoria, Australia and any courts, which may hear appeals
from those courts.
information provided by you
If you purchase goods and services from FlashCameras.com or
register as an reseller with us, we may require you to provide
your name, address, email address or other details ("customer
information"). We may subsequently require further details
to enable the processing of any orders that you make. You
agree to provide FlashCameras.com with current, complete and
accurate customer information when asked to do so by the website
or an employee of FlashCameras.com.
virus warning
All care is taken to ensure that FlashCameras.com website and
data transmissions are free from viruses. However, it is your responsibility
to scan any such data for viruses.
privacy
We treat all customer information in accordance with our Privacy Policy. Our
Privacy and Security Policy constitutes
part of these Terms and Conditions:
product information
Prices of goods and services and delivery and other charges displayed on the
website are current at the time of display. These prices are subject to variation
without notice. We will always attempt to be as accurate as possible with our
product descriptions and pricing. However, we are unable to warrant that product
descriptions or other content of the website is accurate, complete, reliable,
current or error free.
placing and accepting orders
Orders will not be despatched until payment in full has been received and we're
satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, we
are not responsible for any loss or damage caused by late delivery or cancellation
of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer").
We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order
Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
cancellation by us
We reserve the right not to provide goods or services, remove or edit content
or cancel orders (or part thereof) at our sole discretion at any time. Without
limiting the operation of any other Terms and Conditions herein, we will not
be held liable for loss or damage arising from the exercising of these rights.
cancellation by you
If you need to cancel an order, please contact us immediately
on 03 9592 6634. Our agreement with you only comes into existence
once we have both confirmed your order and your payment has
been processed. Once we have accepted payment for an order,
cancellation of the order is within our sole discretion. Orders
that cannot be cancelled will be subject to our terms, conditions
and policies relating to Returns and Exchanges.
delivery times
Orders are shipped via Australia Post from our manufacturing facility in Cheltenham, VIC. Most orders are fulfilled within 2 to 3
business days. Deliveries to eastern states should arrive within 3 to 5 days; deliveries to WA and Central destinations should
arrive in approximately 6 to 7 days. Additional delivery information can be found in our help section.
delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address,
we are not obliged to re-send the order to the correct address at our expense.
It is the responsibility of the customer to inform us if an order does not
arrive. Once we learn an order has not arrived, we will lodge
enquiries with our delivery partners to ensure delivery occurs
as soon as possible. We will not be held liable for any loss or damage resulting
from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item until we have resolved the problem. Replacement items will be despatched according to our discretion.
As a guide only, our couriers attempt to deliver during business hours (between
9am and 5pm). Unfortunately, we are unable give a guaranteed exact time of delivery.
You agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you
agree that late delivery does not constitute a failure of our agreement, and
does not entitle you to cancel an order unless otherwise agreed.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or
damage arising from items lost, stolen or damaged after delivery has taken place.
goods damaged or faulty on delivery or malfunctioning
You may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty
conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as
stated on the product warranty card as specified by the manufacturer.
Guarantee: Money refunded in the event of any camera malfunction. Conditions: Stockist returns camera via regular post along
with details of malfunction, and wholesale price will be remitted. Any returns must contain the original film to be eligible for
refund. No refunds if the fault is deemed to be a flat battery in a camera that has been sold to the stockist more than 12 weeks
prior (always check battery before returning a ‘malfunctioning’ camera).
We will despatch your replacement item once we receive the return, at our cost.
Please note that all products that are found to be non-faulty will incur the delivery costs of returning the item to us.
refunds on unused cameras
Refunds will be credited if the following conditions are met:
Please allow 10 business days to process returns and credit accounts. A copy of the credit transaction is sent via e-mail.
Return Authorization Codes expire 30 days after they are issued, so please send your return immediately to the address provided
after arrangements have been made with a Customer Service Representative.
We recommend using a shipping method that provides tracking so you can check the status of your return.
We can process a refund by reimbursing your credit card (if you paid by credit card), or by posting a cheque or by electronic funds
transfer to your bank account if you paid by cheque or money order).
release and indemnity
You agree to waive any and all claims that you now have or may have in the
future against FlashCameras.com and FlashCameras.com's
Employees and Agents which relate to or are incidental to any transaction.
You agree to indemnify and hold FlashCameras.com harmless from
and against any and all claims, loss or expense that may be incurred by FlashCameras.com or FlashCameras.com's Employees and Agents
which relate to or are incidental to the performance of its duties as described
in these Terms and Conditions including all costs of defending itself against
a claim by any other person and/or as a result of you taking any action or refraining
from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold FlashCameras.com and
FlashCameras.com's Employees and Agents harmless from any claim
made by any third party due to or arising out of your use of this website, the
violation of these Terms and Conditions by you, or the infringement by you,
or other users of this website using your membership account, of any intellectual
property or other right of any person or entity.
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