Effective Date: 16/12/2024
Welcome to Graham Drew Photography! These Terms of Service (“Terms”, “Agreement”) govern your use of the website located at [www.grahamdrewphotography.com] (the “Website”, “Site”), and all related transactions conducted on the Site. By accessing, browsing, or using this Website, or by registering for an account and purchasing prints, you agree to comply with and be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Website or services provided.
Please read these Terms thoroughly to avoid any confusion or misunderstanding. By using the Website, you affirm that you understand and accept the rules, policies, and procedures described here.
1. Account Registration and Security
1.1 Account Creation
To access certain features on our Website, including making purchases and tracking orders, you must create an account. When registering an account, you must provide accurate, up-to-date, and complete information, including your full name, email address, billing and shipping addresses, and payment details. You agree to promptly update any of this information to maintain its accuracy.
1.2 Account Ownership and Access
You are responsible for all activities that occur under your account. You must maintain the confidentiality of your account credentials (username and password) and are responsible for any unauthorized access or activity involving your account. We recommend you choose a strong password and keep it confidential. You are responsible for keeping your login credentials secure and not sharing them with anyone.
1.3 Account Security
You must immediately notify us at [insert email] if you suspect any unauthorized access to your account, including any use of your account by others or any breach of security. We will take reasonable measures to help secure your account, but we cannot guarantee that unauthorized access will not occur. You are solely responsible for the activity under your account, including any losses or damages.
2. Purchasing Prints
2.1 Product Information
We aim to provide accurate and detailed descriptions of the prints offered on our Website. This includes high-quality images, detailed descriptions of each print’s size, style, and printing method, as well as any relevant information about the image’s origins (e.g., location, subject, or special techniques used). However, the appearance of the products may vary slightly due to differences in monitor settings, printing processes, and other factors beyond our control.
2.2 Pricing
All prices listed for prints on the Website are in Australian Dollars (AUD), unless otherwise specified. Prices are subject to change at any time without notice. However, you will be charged the price listed at the time you place your order. Any applicable taxes, including VAT, will be included in the final price unless otherwise indicated. You are responsible for any additional charges that may arise during your purchase process, such as shipping fees or customs duties.
2.3 Order Placement
When you place an order on the Website, you are submitting an offer to purchase the products selected. This does not constitute an acceptance of your order. We reserve the right to decline or cancel your order for any reason, including but not limited to incorrect pricing, availability, or fraud concerns. Once your order is successfully processed, you will receive an email confirming your purchase and providing you with the details of your order, including estimated shipping times.
2.4 Payment Methods
We accept a variety of payment methods, including major credit cards (Visa, Mastercard, American Express), debit cards, and PayPal. You agree to provide accurate payment information and authorize us to charge your selected payment method for the total order amount, including applicable taxes and shipping charges. If there are issues with processing your payment (e.g., due to insufficient funds or incorrect details), your order may be delayed or canceled.
2.5 Shipping and Delivery
We offer shipping to both domestic and international locations. The shipping costs for your order will be calculated and displayed during the checkout process. All shipping prices are based on the destination and weight of your order. Delivery times will vary depending on your location and the shipping method you select. While we strive to meet estimated delivery times, please note that we are not responsible for any delays caused by third-party carriers or factors outside our control, such as customs processing for international orders.
2.6 International Orders and Customs
For orders outside of Australia, you are responsible for any customs duties, taxes, or other fees that may be imposed by your country’s customs authorities. These fees are not included in the price of the product or the shipping charges and will be billed separately. You must comply with all applicable laws and regulations regarding the import of goods into your country.
3. Use of Website
3.1 Permitted Use
You agree to use the Website solely for lawful purposes and in accordance with these Terms. You agree not to engage in any activity that could harm or interfere with the Website’s functionality, the experience of other users, or the security of the Website.
3.2 Prohibited Conduct
You agree not to:
- Use the Website in any fraudulent manner or engage in fraudulent activity.
- Attempt to circumvent or bypass security measures, such as attempting to gain unauthorized access to restricted areas of the Website.
- Copy, reproduce, or redistribute any content from the Website, including images, text, or videos, without our express written consent.
- Use automated scripts or tools to scrape or extract data from the Website.
- Use the Website to distribute malicious software or viruses.
- Post, transmit, or otherwise make available any content that violates the intellectual property rights or privacy rights of others.
3.3 Intellectual Property
The Website and its entire content, including but not limited to images, logos, graphics, designs, and text, are the exclusive property of Graham Drew Photography or its licensors. You may not use, copy, modify, distribute, or otherwise exploit any of the Website’s content for commercial purposes without our prior written consent. Unauthorized use of the Website’s content is a violation of copyright and trademark laws.
4. Refunds and Returns
4.1 Quality Issues and Damaged Goods
If you receive a print that is damaged or defective, you must contact us within 14 days of receiving the product. You may be asked to provide photographic evidence of the damage to facilitate processing of your claim. We will, at our discretion, either issue a full refund or send a replacement for the damaged print. Please note that all damaged goods must be returned in their original packaging, if possible, to ensure safe return shipping.
4.2 Change of Mind
Due to the custom nature of our prints, we cannot accept returns or offer refunds for change of mind once an order has been placed. Please ensure that you carefully review your print selection, size, and shipping details before completing your purchase.
4.3 Order Cancellation
You may request to cancel your order only if it has not yet been processed or shipped. Once an order has been shipped, it cannot be canceled. If you wish to cancel an order before it is shipped, please contact us as soon as possible. In cases where the order has already been processed and shipped, the return policy (described above) will apply.
5. Privacy and Data Protection
5.1 Personal Information
When you create an account, place an order, or interact with the Website, you will be asked to provide personal information, including your name, contact details, and payment information. We collect and process this information as described in our Privacy Policy. By using our Website, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
5.2 Data Security
We implement reasonable and industry-standard security measures to protect your personal and payment information. These measures include encrypted transactions and secure server protocols. However, please note that no system is 100% secure, and we cannot guarantee the security of your data transmitted to the Website. By using the Website, you acknowledge that you accept these risks.
6. Third-Party Links
The Website may contain links to third-party websites, services, or products. These links are provided for convenience, and we do not control or endorse the content of these external websites. We are not responsible for any damages or issues that arise from your use of third-party websites. We recommend reviewing the terms of service and privacy policies of any third-party sites you visit.
7. Disclaimer of Warranties and Limitation of Liability
7.1 Disclaimer of Warranties
The Website and all content, products, and services provided on it are provided on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Limitation of Liability
To the fullest extent permitted by law, Graham Drew Photography shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website, including but not limited to loss of profits, business interruption, or loss of data. Our total liability for any claim arising from or related to your use of the Website shall not exceed the amount you paid for the products purchased through the Website.
8. Indemnity
You agree to indemnify, defend, and hold harmless Graham Drew Photography, its directors, officers, employees, agents, and affiliates from any claim, liability, damage, loss, or expense, including legal fees, arising from or related to your use of the Website, your breach of these Terms, or your violation of any rights of third parties.
9. Changes to Terms of Service
We reserve the right to update or modify these Terms at any time. Any changes to these Terms will be posted on the Website, and the new version will be effective immediately upon posting. Your continued use of the Website after any such changes constitutes your acceptance of the updated Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Victoria, Australia, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration or in the courts of Victoria, Australia.
11. Contact Information
If you have any questions about these Terms of Service or need assistance, please contact us:
- Email: enquiries@grahamdrewphotography.com
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.