Every image on this website is an exclusive property of The PhotoPlankton (ABN: 52 949 236 758) (‘PhotoPlankton’).
1. PRICES AND SPECIFICATIONS
Prices, specifications, availability and terms of offers may change without notice.
Despite our best efforts and proof reading, a tiny number of items may contain pricing or typography errors. Correct pricing is validated and confirmed at the time your order is placed and processed.
All prices on the PhotoPlankton’s website are displayed in Australian dollars ($AUD).
All forms of reproduction or manipulation, copying, downloading and printing of any image without permission are strictly prohibited and can be liable to legal action.
2. IMAGE & PRINT QUALITY
While we do our best to give the most accurate representation of all images on our website, there may be slight variations in the actual print due to the brightness and colour settings on individual monitors.
3. PAYMENT OPTIONS
For online payment processing, we prefer using PayPal which provides an easy and secure payment method. Aside from PayPal, we also accept other methods of payments including those that use either Visa or Master Card.
4. DELIVERY AND SHIPPING
Once your order has been placed we will process your details and place an order with our printing suppliers. As all printing orders are produced upon request the typical wait time for an unframed print is 5 business days plus delivery, and 15 business days plus delivery for an acrylic wall mount, acrylic block and aluminium panels. For all other product related orders please allow for up to 5 business days plus delivery. If there are any unexpected delays we will notify you.
We strive to ensure that the shipping charges calculated at the time of payment are accurate, however there may be situations where the calculation may be subject to slight variances.
Finished prints are sent via Australia Post and we personally handle your work to the collection point. Your print can also be tracked – we will send you the details once dispatched. Please ensure you enter the correct delivery address as goods which are returned to us as undeliverable will incur a re-dispatch fee. Freight charges paid for the original dispatch are not refundable.
You acknowledge and agree that we are not liable for any loss, damage, cost or expense that you incur as a result of postage or import taxes into the country in which the product will be sent to.
5. QUALITY OF PRINTS & OTHER PRODUCTS
All our images are printed on high quality fine art paper and, thus, require special care. With regards to the prints we strongly recommend leaving the prints in the protective tube and taking them directly to your chosen framer who can best take care of the delicate prints. For any other products the care instructions should be followed as provided with each product on the website.
We ensure that all our products are thoroughly checked for quality before they are shipped. Hence, we will not be held responsible for any damage done to of the products after they are received by our clients.
6. RETURNS & REFUNDS
The utmost care is taken with all of orders and each is dealt with on a case by case basis. Sometimes however, accidents or errors may occur. PhotoPlankton must be notified of faulty, damaged, incorrect or missing products as soon as possible following your order being delivered. If you are in any way unsatisfied with your purchase from PhotoPlankton, please contact us.
Unless there are prevailing exceptional circumstances, once an order has been placed and lodged, cancellations will incur a fee of up to 100% of payments made.
TERMS OF SERVICES
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using the PhotoPlankton website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to PhotoPlankton and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
7. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and PhotoPlankton’s rights and obligations to each other.
8. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that PhotoPlankton is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
9. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), PhotoPlankton’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
10. DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of photoplankton.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
11. LINKS TO OTHER WEBSITES
PhotoPlankton may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between PhotoPlankton and the owners of those websites. PhotoPlankton Photography takes no responsibility for any of the content found on the linked websites.
PhotoPlankton’s website may contain information or advertisements provided by third parties for which photoplankton.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, PhotoPlankton absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. PhotoPlankton gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of PhotoPlankton to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
13. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of PhotoPlankton. PhotoPlankton expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then PhotoPlankton will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such not permitted and improper use. PhotoPlankton reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
14. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce any content of the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the content that may be available for download from time to time on this website.
PhotoPlankton expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
15. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and PhotoPlankton concerning your use and access to PhotoPlankton’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
16. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
17. USE OF WEBSITE CONTENT
All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorised use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us.
You can purchase the Material featured on this website. If you decide to purchase Material, you may not reproduce, display, transmit, distribute or otherwise exploit the Material, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Material except in accordance with the agreed licensing provisions. Materials are intended for your personal use only, unless otherwise specified in the agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and photoplankton.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.
19. COPYRIGHT NOTICE
This website and its contents are the copyright of The PhotoPlankton – © 2021. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.