Terms and conditions
The terms and conditions of Supplies from the Photon Photo Paper web-store are as follows:
1. The Website ownership and Operation
This website is owned and operated by On Paper Australia Pty Ltd trading as Photon Photo Paper (ABN No: 95 127 649 398) hereafter Company .See Contact Details for further company information.
2. Information accuracy
We do our best to ensure that information on the site is complete, accurate and current. Despite our best efforts, however, information on the site may occasionally be inaccurate or out of date and on- site information might not be up to date at any given point of time and certain information such as price, product descriptions, stock quantities etc. may change without notice. The inclusion of any products or services on the site at a particular time does not imply or warrant that these products or services will be available at any given time. We reserve the right to discontinue any product or service at any ¬¬¬¬¬time.
3. Notice to risk and Indemnification
We offer products which are natural wood fibre based paper and paper products which are subject to following risks (but not limited to) and if not adhered to or cared for as necessary, it may lose it’s functionality to varying degree depending upon degree of abuse:
- Being paper it has a tendency to absorb moisture from atmosphere hence it is advised to keep it away or protect from moisture.
- In order to keep it’s dimensional stability, always keep it on flat surface.
- Some of the paper may show signs of curling if exposed to moisture
- Photo paper is designed for inkjet printing only.
- Glossy, Matt or Satin surfaces (for photo paper) are surfaces most suitable for printing for best results hence make sure print surface is facing the print nozzle of your printer for best quality photo printing.
- Paper may lose it’s characteristics if exposed to high temperature, humidity and direct sunlight.
- Store packages in flat surface and in dry conditions
- Use paper as soon as possible after opening the plastic envelope.
- For accurate colour reproduction users are requested to take help from colour management experts.
4. Refund policy
Though all care is taken to provide you with best product, should you feel dissatisfied with your purchase, you may return the product at your cost and seek a full refund/ exchange. You may get a full refund or exchange the product for another one, be it similar or not, so long the exchanged product has same price that of returned product. If the exchanged product has higher or lower price than the returned product difference will be debited or credited as the case may be to the customer.
However our refund policy is subject to following terms and conditions:
- Returned product must be returned in original packaged condition (Applicable for packed sheets only)
- Normal wear and tear is beyond our refund policy
- In case you are not satisfied with our product or the product has manufacturing defect you must return within 28 days from the date of purchase
- If you receive a defective product you may contact us at the following email id:
- The defective product must be returned at buyer’s cost and risk.
- Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt.
- Please read notice to risks and in all such cases refund /exchange may not be possible.
5. Payment terms
Payment terms acceptable on our web site are the following:
- Master card
- Visa card
- Bank Transfer
6. Payment and Credit card Surcharge
When the purchaser, hereafter the Customer, does not have a credit account, payment for the goods is to be organised prior to delivery. When the Customer has a credit account with the company the customer agrees to pay for products delivered to the Customer within thirty (30) days from the date of purchase and seven (7 days) from the invoice date for any print system (i.e. hardware, software or any other print system.)
The Customer agrees that if it does not pay any amount owed to the company by or on the due date then The company may charge interest at the rate @ 02% per month on all overdue amount calculated on a daily basis. Should there be any invoices under dispute, then all remaining outstanding balances are to be paid within 30 days from invoice date.
Credit card surcharges may apply for over due account payments greater than 14 days after our normal credit terms of 30 days from invoice date credit card surcharges are: American Express 3%, Diners Club 4% and Visa/MasterCard 1.5%. For print system invoices, card surcharges apply regardless of the payment date.
The Customer agrees that all expenses, cost and disbursements incurred in recovering any overdue amounts, including debt collection agency and solicitor’s fees, will be paid by the Customer.
The Customer agrees that the company without notice to the Customer reserves the right to withhold the supply of products, at any time while there is any outstanding amount due to the company.
The Customer will be responsible for payment for all goods supplied against their company order or for any order placed by any employed person in the company or any agent acting on their behalf and authorised to conduct business on their behalf.
When an order is placed on line, it will be shipped to an address designated by you (customer) as long as that shipping address is compliant with addressing guideline of that country so that Courier, Post and other modes of delivery of goods can identify and reach address without any difficulty. For example In Australia one should follow address guideline as stipulated by Australia post. For details please read:
Depending upon delivery method (post or courier or freight forwarder) adopted/chosen by customer, delivery time may vary and the company does not take any guarantee to deliver within any time period as third party provider makes shipment and is responsible for delivery.
All Prices are quoted in AUD ( Australian Dollar) and ex GST. The company has the right to amend prices from time to time and reserves the right to impose a minimum order value, which can be placed on any credit account. The company also reserves the right to impose a surcharge for any goods that are sold as a non-standard pack size.
9. Terms of sale
By placing an order on line for any product or service, you confirm that you are of legal age to form a binding contract and that all information you provide to us in relation to the order is true and correct and are authorised user of the payment method provided. The receipt of an order confirmation constitutes our acceptance of an order. We however retain the right to refuse /delay or cancel any order request made by you.
Prior to acceptance of an order, we reserve the right to verify the information provided .We reserve the right at any time after receipt of your order to accept, modify or decline your order in full or any portion thereof even after the receipt of order confirmation from us without assigning any reason what so ever. We reserve the right to limit number of items ordered and to refuse services without prior notification. In the event that an item lists an incorrect price either due to typographical or other form of an error, we shall have the right to refuse, modify or cancel any such order placed at incorrect price, regardless of whether the order is being or has been processed. if payment has already been made or if your account has already been charged for the purchase and the order is cancelled we shall credit your account with the amount or offer you a credit note for the said amount for future purchase.
10. Intellectual property
The website and all it’s materials including but not limited to its software or HTML code, scripts, texts, artwork, photographs, images, video and audio (collectively-“ materials”) belongs to the company. Anyone wants to use any of the above in any form may seek prior permission from the company.
11. Links to third party site
The site may include links to other web sites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party web sites do not imply endorsement by us of the content or material on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
All prices are subject to any federal, state or other taxes in force at the time of purchase.
13. Retention of title
13.1. Ownership of goods remains with The Company:
Ownership of or title of goods will not pass to the Customer until the Customer has paid to The company the invoiced amount for all goods in Customer’s possession in full.
13.2. Continuing security:
The Customer agrees with The Company that it will treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security and any unsecured creditors.
The company endeavours to ship all goods promptly on receipt of an order, but may make partial deliveries of any order received. Any delivery dates quoted are estimates and The Company is not liable for any costs, loses or damage arising whether directly or indirectly from non or late delivery of any goods ordered. The risk for the goods passes to the Customer on delivery.
15. Change in ownership
The Customer agrees to notify the company in writing of any changes of ownership or directorships of the Customer within 7 days from the date of such change and indemnifies The Company against any loss or damage incurred by it as a result of the Customers failure to notify The Company of such a change. Notification of a change does not affect any liability of the Customer or it’s Director/s.
16. Use of this service
The Customer agrees to keep account and password information confidential and agrees to accept responsibility for all activities that occur under the Customer’s account or password. The Customer agrees to send all requests for cancellation of login details, for any reason, to email@example.com
17. Governing Law
The Customer agrees that any and all use of this service is governed by the terms and conditions mentioned here in and the laws of Australia and the state of Victoria and agrees to submit to the non-exclusive jurisdiction of the courts of victoria.
18. Revision of terms and conditions
The Company reserves the right to revise or amend these Terms and Conditions at its sole discretion and will post any such revisions or amendments to this webpage on site.
The Company aims to represent the products as best as it can through images, although in some cases the image provided may be an indication of the product only- not a true representation.
20. Prohibited use of site
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Registration, Accounts and Passwords You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify The Company immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
Disclaimer of Warranty & Limitation of Liability:
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.>
These Terms shall be construed in accordance with the laws of the State of Victoria Australia, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail/courier service describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to the company contact address.
Unless you indicate otherwise in your notice, The Company shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that the company is unable to resolve the dispute with you, you and The Company both agree that the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by Ombudsman or arbitral tribunal. Details of which can be found in https://www.disputescentre.com.au/arbitration/
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact us at : firstname.lastname@example.org
Effective Date: 01/04/2020
Last Updated: 01/04/2020