Terms and Conditions

1. Definitions

In these Terms:

 
2. Basis of Agreement

3. Use of Website

3.1  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the goods or services provided or sold or any part of the Website without express written permission provided by us.

3.2  You may be able, through hypertext or other computer links, to gain access to other Websites operated either by us, its affiliates or other third parties ("Linked Websites").  Unless otherwise specified, the Linked Websites are not under our control.  The Linked Websites may have different terms of use and privacy requirements.  Unless otherwise specified, we are not responsible for the content of any Linked Websites, or any changes or updates to such Websites.  We provide these links for your convenience only.  You link to any such Linked Websites at your own risk.  We are not a party to any transaction between you and a Linked Website.  Unless specified, we do not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Websites.

3.3  We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Website ("Information") or that it is suitable for your intended use.  The Information is provided by us in good faith on an "as is" basis without warranty of any kind.

3.4  We do not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Website and the Information is at your own risk.

3.5  We make no warranties, guarantees or representations that the material in this Website will not cause damage or that the material is free from any computer virus or other defects.  It is your responsibility to complete a virus check on any Information downloaded.

3.6  All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Website or the Information is expressly excluded to the maximum extent permitted by law.

3.7  The publication of our email addresses on this Website is to facilitate communications relating to the goods or services supplied by us.  It must not be inferred as consent by us to receive unsolicited commercial electronic messages.

3.8  The Website may contain cookies.

3.9  You acknowledge that you must be 18 years of age to purchase from the Website and you hereby undertake that you are 18 years of age.

5. Pricing

5.1  Prices quoted for the supply of goods include GST and any other taxes or duties imposed on or in relation to the goods and services.

5.2  If you request any variation to the order, we may increase the price to account for the variation.

5.3  Any private requests for personalised prints or other personalised goods will be quoted by us via email.

5.4  Where there is any change in the costs incurred by us in relation to goods, we may vary its price to take account of any such change, by notifying you.

6. Payment

7. Payment Default

7.1  If any services or goods are to be paid on the invoice issued, and you default in payment by the due date of any amount payable to us, then all money which would become payable by you to us at a later date on any account, becomes immediately due and payable without the requirement of any notice to you, and we may, without prejudice to any of its other accrued or contingent right:

(a)    charge you interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full;

(b)    charge you for, and you must indemnify us from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any goods;
(c)    cease or suspend supply of any further goods to you; and
(d)    by written notice to you, terminate any uncompleted contract with you.

7.2  Clauses 5.1(c) and (d) may also be relied upon, at our option, where you are a natural person and become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally or where you are a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding you up.

8. Passing of Property

8.1  Until we receive full payment in cleared funds for all goods or services (to be) supplied by us to you, as well as all other amounts owing to us by you:

(a)    title and property in all goods remain vested in us and do not pass to you;
(b)    you must hold the goods as fiduciary bailee and agent for us, and must keep the goods separate from your goods and maintain our labelling and packaging;
(c)    in addition to the rights under the PPSA, we may without notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not part of our property, and for this purpose you irrevocably licences us to enter such premises and also indemnify us from and against all costs, claims, demands or actions by any party arising from such action.

9. Personal Property Securities Act

9.1  Not with standing anything to the contrary contained in these Terms, the PPSA applies to these Terms.

9.2  For the purposes of the PPSA:

(a)    terms used in clause 7 that are defined in the PPSA have the same meaning as in the PPSA;
(b)    these Terms are a security agreement and we have a Purchase Money Security Interest in all present and future goods supplied by us to you and the proceeds of the goods;
(c)    The security interest is a continuing interest irrespective of whether there are monies or obligations owing by you at any particular time; and
(d)    you must do whatever is necessary in order to give a valid security interest over the goods which is able to be registered by us on the Personal Property Securities Register.

9.3  The security interest arising under this clause 7 attaches to the goods when the goods are collected or dispatched from our premises and not at any later time.

9.4  Where permitted by the PPSA, you waive any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.

9.5  To the extent permitted by the PPSA, you agree that:

(a)    the provisions of Chapter 4 of the PPSA which are for your benefit or which place obligations on us will apply only to the extent that they are mandatory or we agree to their application in writing; and

(b)    where we have rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.

9.6  You must immediately upon our request:

(a)    do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and
(b)    procure from any person considered by us to be relevant to its security position such agreements and waivers (including as equivalent to those above) as we may at any time require.

10. Risk and Insurance

11. Performance of Agreement

12. Delivery

12.8  If there has been a non-delivery in relation to the goods ordered, you must notify us within 48 hours of such non-delivery.

12.9  If agreed that you will collect the goods:

(a)    you must collect the goods on the agreed date;
(b)    if you does not collect the goods on that date or rescheduled the date in advance, you are deemed to have taken delivery of the goods and is liable for storage charges payable monthly on demand.

12.10  If the order for goods is less than $100 then no signature will be needed from you.  If the order is over $100, then a signature will be required from you.

12.11  We ship limited range of goods worldwide. We should contact you to find out if the goods you wish to purchase and which country the goods need to be shipped to.

13. Refunds

14. Liability

15. Cancellation

16. Shortages and Exchanges

16.1  Subject to clause 16.2 and 16.5we will not be liable for any shortages, damage or non-compliance with the specifications in the Terms unless you notify us with full details and description within 24 hours of receipt of the goods otherwise you are deemed to have accepted the goods.

16.2  When any shortages, claim for damaged goods or non-compliance with the Agreement specifications is accepted by us, we may, at our option, replace the goods, or refund the price of the goods.

16.3  Subject to clause 16.5:

(a)    if you want to return goods for credit, you must first obtain written authority from us in the form of an official returns note;
(b)    all returns for credit must be received by us within 7 days of the date of delivery or pick up from our premises and must be accompanied by written reasons for the return;
(c)    you are responsible for freight and insurance of the goods being returned and we will not be liable for any goods damaged in transit;
(d)    any goods accepted for return may incur a handling charge.

16.4  Subject to clause 16.5, we will not under any circumstances accept goods for return that have been specifically produced, imported or acquired to fulfil the Agreement, are discontinued goods or no longer stocked by us, have been altered in any way, have been used or are not in their original condition and packaging.

16.5  If you are a consumer, nothing in this clause 13 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.

17. Credit information and privacy

18. Warranty

19. Force Majeure

20. Title, Intellectual Property Rights and Copyright

20.1  You acknowledge and agree that:

(a)    we own all the Intellectual Property, copyright, Website and all the contents of the Website;
(b)    you will not acquire any interest in the Intellectual Property, including the Website and any of its contents, goods or services; and
(c)    all content, coding, graphics, design, goods and services and Information available on the Website are protected by copyright, trade mark or other Intellectual Property rights and laws and remains our property or third party supplier’s as the case may be.

20.2  You further acknowledge that the use or duplication of the Intellectual Property in any other way other than as approved and agreed to by us would constitute a breach of our Intellectual Property rights and would be a fundamental breach of these Terms. However, you may download and print these Terms and the Privacy Policy for your personal non-commercial use.

20.3  You acknowledge that:

(a)    some of our collage prints are made using elements of photos and illustrations of other photographers and illustrators;

(b)    All such photos and illustrations have either been purchased by us or are licensed to us and we have a legal right to use them in our collages (and sell our collages containing such photos and illustrations) by creating our own unique graphic compositions, each of which has its own elements.

20.4  © Irina Mitin and Igor Mitin as trustees for the Mitin Trust. All rights reserved.

20.5  All trade marks and trade names which appear on the Website are proprietary to us and/or its affiliates.  Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights.  Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

20.6  If you are our competitor and you create documents, goods or services similar to ours for the purpose of providing them to third parties, whether these third parties are business users or domestic users, we expressly exclude and do not permit you to use or access the Website, to use or download any documents or any information, including the Information, from the Website or any other source. If you breach our Intellectual Property rights by using our documents, goods, service or the Information, you will be liable for any loss that we may incur.  We will hold you accountable for all profits that you might make from using our Intellectual Property.

20.7  We reserve the right to deny access to the Website, the goods, the services or the Information to any person or business.

21. Miscellaneous

21.1  The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

21.2  Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.

21.3  If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

21.4  A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

22. How to Contact Us