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Terms and Conditions
In these Terms and Conditions:
"Account" means a personal account created by you on the Website;
"Additional Delivery Charge" has the meaning given in Section 3.4;
"Delivery Charge" has the meaning given in Section 3.3;
"International Delivery Charge" has the meaning given in Section 3.5;
"Order" means an order for Goods, placed on the Website, over the phone, or via email.
"Password" means the password needed to access your Account;
"Website" means www.CameraPro.com.au
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that CameraPro represents they will be fit for and that the Goods will correspond with any description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website, NB, in case of possible error or omission, following clauses will apply
3.2 CameraPro reserves the right to change the prices of Goods at any time without notice to you.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) ("Delivery Charge"). Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service ("Additional Delivery Charge"). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having "free delivery", "free freight" or something similar. If you believe that you might live in such an area, you can email Customer Service via salsefor more information
3.5 If CameraPro agrees to deliver Goods outside of Australia, international delivery charges will apply ("International Delivery Charges"). Please contact firstname.lastname@example.org for any International Delivery Charge quotation.
3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4. YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an Order.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to CameraPro that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify CameraPro immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify CameraPro, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If CameraPro suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify CameraPro then you must pay CameraPro the amount of that loss, damage, cost or expense if CameraPro asks you to.
5.1 You can place an Order by following the instructions on the relevant CameraPro website. CameraPro accepts all the major payment methods including cash, EFTPOS, Bank Transfer, Bank Cheque, Visa, MasterCard, Amex and Paypal. Please note that all prices on our website are quoted based on cash, bank cheque, money order, bank transfer or EFTPOS. A 1.5% Surcharge applies to Visa and MasterCard, 2% on Paypal, and 2.5% on AMEX placed through the website and in-store. When you choose to pay for Goods by credit card (Visa, MasterCard, American Express), certain prepaid payment cards, or PayPal, CameraPro will conduct a verification of your payment to ensure the security of customers and cardholders and as a requirement of our banking and merchant facilities.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. CameraPro may accept or reject your offer in its absolute discretion. In particular, but without limitation, CameraPro may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact email@example.com.
5.3 Each Order that you place will, if accepted by CameraPro, be a separate and binding agreement between you and CameraPro with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing CameraPro with their personal information and, by placing an Order, you confirm to CameraPro that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to CameraPro that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by CameraPro. CameraPro will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by CameraPro, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. CameraPro cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of hardware and software).
5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order you will receive an email which includes an Order reference number. Please note that this is not a confirmation that your Order has been accepted.
6.2 If CameraPro is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.
6.3 In the event that your Order is cancelled following the taking of the payment, the payment will be refunded. The time that it takes for the payment to be refunded and arrive back into your account is likely to be between 1 and 10 days and will depend upon how quickly your financial institution/payment provider processes the cancellation.
6.4 When CameraPro accepts an Order it represents an agreement by CameraPro to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.5 When you choose to pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, or Pay Pal account, the name on the credit card/payment card must match the name on the Order. By providing your credit card/payment card you authorise CameraPro to deduct the price and the applicable delivery charge(s) from such card.
6.6 CameraPro reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.7 CameraPro may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and CameraPro will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with CameraPro's requests within the timescale specified, CameraPro may cancel your Order.
6.8 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
7.1 CameraPro reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. CameraPro may do this for example, but without limitation, where:
(a) CameraPro's suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond CameraPro's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that CameraPro is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask CameraPro to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Section 6.8.
7.2 You may cancel your Order where CameraPro:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; (ii) which was outside CameraPro's control including the situations set out in Sections 7.1(a) and (b) above;
7.3 Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your Order cannot be cancelled once we have provided you with the order confirmation and order reference number.
NB: In instances of you requesting to cancel an order outside of these Terms & Conditions, and in the instance that CameraPro at its sole discretion agrees to the cancellation/amendment of the order, a handling/administrative fee of $50 may be applicable. Any special order items or items under certain categories or on special may not be able to be cancelled once order has been placed, respecting clause 7.1 & 7.2 above.
7.4 In the event of CameraPro or you cancelling your Order after payment has been processed, CameraPro will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS/DEMO STOCK
8.1 As CameraPro is dependent upon its Suppliers to provide stock, CameraPro cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. CameraPro reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as "Demo Stock" are Goods which have been put onto display in our showroom. All Demo Stock is in perfect working order and comes with the standard manufacturer's warranty.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. CameraPro will deliver to PO Boxes in Australia only when payments are made via Bank Transfer.
9.3 CameraPro may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.
9.4 Following dispatch of your Goods, CameraPro will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address CameraPro may charge you a reasonable fee for doing this.
9.7 Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.
10. PICK-UP OF GOODS IN STORE
10.1 Many Goods can be picked up from a CameraPro store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order.
10.2 Only the relevant CameraPro Account holder may pick-up in-store Goods ordered on that Account.
10.3 When picking up Goods in store:
(a) you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow CameraPro to take a copy of this identification for fraud prevention purposes. The copy will not be used by CameraPro for any other purpose or disclosed to any person outside of CameraPro, with the exception of banking or law enforcement agencies upon requirement to do so;
(b) store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you will also need to bring the email that CameraPro has sent to you confirming that the stock is available for pick-up; and
(d) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event CameraPro will contact the person who placed the Order using the contact details provided.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
11.1 You agree and acknowledge that:
(a) CameraPro does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 9.7, 9.8, 9.9 or 10.3 above or otherwise specified by CameraPro or any of its staff;
(b) events outside CameraPro's control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither CameraPro nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
12. GIFT CARDS
12.1 The terms and conditions for CameraPro gift cards can be found under the Gift Card products.
13. REFUNDS OF YOUR MONEY
13.1 Where CameraPro is obliged to refund your payment pursuant to these Terms and Conditions, CameraPro aims to initiate your refund within 2 business days (Monday - Friday 9 a.m to 5 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
13.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you ,whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14. RETURNS DUE TO CHANGE OF MIND
14.1 No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
14.2 CameraPro reserves the right to offer a refund or exchange out of goodwill only, with a restocking fee upto 25% of the original invoiced price. Special order items are unable to be returned for refund or credit for change of mind.
14.3 Gift Return Policy: It can be difficult to purchase photography gear for others when you consider the many variables. We want to make the process is as pain-free as possible for you, so if you're purchasing a gift for someone, let us know ahead of time and we can pre-authorise a return should you purchase the wrong item. Pre-authorisation is on a case by case basis and is subject to approval, terms and conditions apply. This Gift Return Policy allows for up to 14 days for return for credit or exchange in case of incorrect choice, provided the items are brand new and unopened, and were not special order items.
15. RETURNS/FAULTY OR DAMAGED GOODS
15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact CameraPro on firstname.lastname@example.org as soon as possible.
15.2 If you have a problem with any Goods or otherwise wish to return them please refer to CameraPro's Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any CameraPro store, you can also contact us on email@example.com
15.3 When returning Goods:
(a) please provide CameraPro with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
15.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
16. MORE INFORMATION ABOUT CAMERAPRO LIABILITY TO YOU
16.1 To the full extent permitted at law, CameraPro is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.
17.1 CameraPro policy on the collection, use and disclosure of customers' personal information is set out in its Privacy Statement which forms part of these Terms and Conditions.
18. WEBSITE TERMS
18.1 Your use of the Website is governed by the Website Term of Use.
19.1 CameraPro reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
19.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
19.3 These Terms and Conditions are governed by the laws of Queensland, Australia.