TERMS AND CONDITIONS FOR THE SALE OF GOODS WITH IMAGE COLLECTION
These Terms and Conditions form a contract between the customer (you) and Image Collection, ABN 89 114 887 320 and apply to the ordering, purchase, fulfilment and delivery of goods from Image Collection or one of its agents.
Please read these Terms and Conditions carefully before placing your Order with Image Collection as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service team on (03) 9872 8000 or send us an email to email@example.com.
The following definitions are used in these Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the Sales Order confirmation provided to you.
Delivery Agent means any nominated third party delivery or shipping company for Image Collection.
Freight means the fees charged by Image Collection for the delivery of Goods.
Goods means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Image Collection in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.imagecollection.com.au.
We or Us or Our means Image Collection Pty Ltd (ABN 89 114 887 320).
You or Your means you as the purchaser of Goods from Image Collection pursuant to these Terms and Conditions.
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Image Collection with respect to the supply of Goods, in accordance with these Terms and Conditions.
3.1. You may place an Order directly with our Customer Service team.
3.2. An Order submitted by you to us is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.
3.3. In submitting an Order to us, you agree to provide complete and accurate information as to your company details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfill your Order. Image Collection will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
3.4. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law.
3.5. Where you place consecutive or separate Orders for Goods, we may not be able to consolidate the Orders into one. A separate Delivery Fee will apply to each Order.
3.6 Individual samples over the value of $30 (end column price) will be charged to the client plus freight. This applies to all clients regardless of the pricing structure that applies to them.
4.1 Image Collection reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by Image Collection to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Image Collection will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Image Collection is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Image Collection will contact you within five (5) Business Days to arrange a full or partial refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Image Collection will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Image Collection will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.
5.4 You acknowledge and agree that:
a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
b) you have read any corresponding written description of the Goods prior to submitting your Order;
c) the colour of Goods as shown on the Website may vary slightly in shade in real life;
d) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
e) any accessory featured with the Goods is for illustration purposes only.
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and exclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also exclude GST where applicable.
6.3 Image Collection reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
a) the Price (which is the Price at the time the Order is submitted); and
b) the Delivery Fee (if any).
6.5 You can pay for your Goods by cheque, direct debit via your banking organisation, one of our nominated credit card vendors or Pay Pal. When paying by credit card, you authorise Image Collection to debit your nominated card at the time you submit your Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Image Collection before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive a tax Invoice in respect of your Order upon despatch of the Order.
6.9 Image Collection uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
6.10 For account customers our terms are 30 days from the date of invoice. All orders may be suspended or terminated should these terms not be met at any time. For non-account customers, we require payment prior to despatch of the Order.
7.1 Image Collection uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 Indicative delivery time frames are set out in the Sales Order confirmation that will be provided to you.
7.4 You acknowledge and agree that notwithstanding anything else:
a) Image Collection will make every endeavour to meet the stipulated delivery date as nominated by you but cannot guarantee that delivery will occur in the stated delivery time frames;
b) delivery time frames may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, Image Collection is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process.
7.6 If we are unable to deliver your Goods to the Delivery Address due to restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery we will contact you to seek alternative delivery instructions.
7.7 If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service team, as soon as practicable. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service team to receive replacement goods. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge.
8.1 Title of and property in the goods shall at all times remain with Image Collection. The property in the goods passes to you only after payment has been made in full for the dispatched Goods.
8.2 Risk in the Goods passes to you on dispatch of the Goods.
8.3 Whilst every care is taken by Image Collection to carry out the instructions of your Order, it is your responsibility to undertake a final proof reading of the Order. Image Collection shall be under no liability whatever for any errors not corrected by you in the final proof reading.
8.4 While every effort is taken by us to print colours (PMS and CMYK), we reserve the right to judge defectiveness at our discretion based upon industry standards.
8.5 We will not be held liable for inks wearing off through wear and tear.
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with Returns Policy (see 10. Returns). The Returns Policy forms a part of these Terms and Conditions.
10.1 Returned goods will only be accepted by prior arrangement and agreement with Image Collection and subject to Image Collection being notified within 10 days of despatch of the goods.
10.2 You shall afford us the opportunity to inspect the goods within a three (3) business days following delivery if you believe the Goods to be defective in any way. If you fail to comply with this then it will be deemed that the goods are free from any defect or damage.
10.3 All goods returned must make reference to an invoice number or return authority number and returned within 20 days.
10.4 Freight and handling charges may apply to you should goods be returned without any prior arrangement made with Image Collection. The said charges will be based upon the time, destination, volume and weight of the return and calculated at Image Collection’s discretion.
12. WEBSITE TERMS
You represent and warrant to Image Collection that:
a) all information and data provided by you to us is accurate, complete and up to date.
b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
d) in placing your Order, you have read and agree to these Terms and Conditions; and
e) in placing your Order, complied with all Laws.
f) you agree to indemnify us for any loss or damage suffered if you breach these Terms and Conditions.
14.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken with us.
14.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Image Collection excludes, all implied terms and warranties whether statutory or otherwise relating to the Image Collection business or any subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
14.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
15.1 Image Collection reserves the right to, at its discretion, terminate your account and access to and use of the Website immediately:
16.1 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
17.1 Image Collection reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Image Collection with respect to that Order.
17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by Image Collection to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Image Collection does not preclude its future exercise or the exercise of any power or right.
17.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Mitcham, Victoria
PERSONAL INFORMATION COLLECTION STATEMENT
We Image Collection Pty Ltd ABN 89 114 887 320 collect your personal information so we can perform our business functions and activities, including:
If you do not disclose the personal information that we are seeking to collect then we may be unable to respond to you, or provide you with our products or services, or send you information about them.
We may disclose your personal information to our employees, related bodies corporate, or service providers for the purposes of operating of our business or responding to your requests, or providing our products and services or information about them to you; or to suppliers and third parties with whom we have commercial relationships, for business, marketing and related purposes.
Unless you tell us not to, we may use your personal information to contact you directly about our products or services that we think may be of interest to you by telephone, email or correspondence using the contact details you have provided. You can ask us not to send you marketing information by contacting us at firstname.lastname@example.org
Your Privacy is important
Image Collection is committed to protecting the privacy of your personal information. This policy explains:
What information do we collect?
Image Collection only collects information that is reasonably necessary for one or more of our functions or activities. Generally, the information we collect about customers includes your name, mailing and/or physical address, delivery address, phone number, payment, credit and billing information, and e-mail addresses. When you visit our website, we may also collect information about your computer, including your IP address.
We also collect information about your use of our website using cookies. You can choose to decline cookies, but if you do so, you may not be able to fully experience our online interactive features.
We may also collect additional information about customers, including purchase history, location and preferences, either directly, or through third party analytics tools.
How we collect and hold information
Image Collection collects personal information only by lawful and fair means. Where it is reasonable and practicable to do so, we collect your personal information from you directly when you purchase products or services from us, provide your details to us at an industry event, or enter competitions or other arrangements with us, provide feedback/complaints to us or register your details with us.
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. We take all reasonable efforts to ensure your personal information is stored securely in access controlled electronic or physical locations.
Why we collect and hold and how we use information
We collect, hold and use your information to:
From time to time, we may also use your personal information to send you targeted news, offers and promotions of our products and services. If you do not wish to receive these communications, you can opt-out by contacting us at email@example.com
How we disclose your information
We do not disclose personal information to third parties unless we are permitted to do so by law or you have given us your consent to do so
You can request access to your information or that your information be corrected by contacting us at firstname.lastname@example.org
If you wish to make a formal complaint, please make your complaint in writing to our Privacy Officer. We will consider your complaint promptly and contact you to seek to resolve the matter. If we have not responded to you within a reasonable time, you are entitled under the Privacy Act to make a complaint to the Office of the Australian Information Commissioner.
COPYRIGHT AND TRADE MARKS
This website and all material provided on this website are owned by Image Collection, including the "look" and "feel" of the website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on this website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth), or other applicable laws or these terms and conditions, nothing on this website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, distributed or transmitted in any form by any process without the prior written consent of Image Collection.
If you are an authorised reseller of Image Collection and would like to request permission to use photography or other content from this website for business purposes, please contact our customer service team via email.
The information contained on this website is provided by Image Collection in good faith. To the best of Image Collection’s knowledge, the information is accurate and current. However, this site and its contents are provided to you on an "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. Image Collection and its related bodies corporate, and their directors, officers and employees (“Associates”) make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
LIMITATION OF LIABILITY
Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Image Collection or Image Collection’s Associates in connection with goods or services supplied to you will, at the election of Image Collection, be limited to:
The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded. Subject to any non-excludable liability (including under consumer laws), Image Collection will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on your behalf, through this website.
All care is taken to ensure that this website and data transmissions are free from viruses. However, Image Collection cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release Image Collection entirely of all responsibility for any consequences of its use.
THIRD PARTY SITES
This site may contain links to third party sites. Image Collection is not responsible for the condition or content of those sites as they are not under Image Collection’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Image Collection of the sites or the products or services provided on the site. Image Collection does not permit any linkages to this site without prior permission.
These terms 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.
This site may be accessed from Australia or overseas. Image Collection makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
Only you and Image Collection shall be entitled to enforce these website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these website terms, whether by virtue of legislation or otherwise.
SOCIAL NETWORKING SITES
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any of Image Collection’s related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right (but no obligation) to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).
RULES FOR SUBMISSIONS
INTELLECTUAL PROPERTY RIGHTS
All rights, including copyright on Image Collection’s pages are owned by or licensed to Image Collection. Any use of any Image Collection’s social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Image Collection. All worldwide rights reserved.
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.