These Sales Terms and Conditions do apply without restriction or reserve to all commercial transactions concluded on the internet site www.ArtPhotoBaby.com.au between :
ArtPhotoGroup Pty Ltd
18 Marshall Crescent , BEACON HILL, NSW 2100-AUSTRALIA.
ACN : 609 683 463 - ABN : 63609683463
Director : Mr Stephane ABALAN
Referred in these Terms as « ArtPhotoGroup Pty Ltd » or “ArtPhotoBaby” or ‘We’ or ‘The Company’
Any non-professional buyer
Referred in these Terms as « the Customer » or “Customers” or ‘You’
In the following Sales Terms and Conditions, words or expressions starting with a Capital letter bear the following meaning:
The above list is not exhaustive. As ArtPhotoGroup Pty Ltd evolves and changes over time, we may add Products or remove Products from our Services.
Only orders with a product delivery address within Australia will be validated. In case you wish to deliver in New Zealand, Asia or beyond, please contact our Customer Service.
ArtPhotoGroup Pty Ltd may reject an order in certain circumstances, namely /or in the following cases : (1) the order is breaching the requirements of these Terms; (2) our inability to obtain authorisation for your payment; or (3) a relevant pricing or Product description error being identified.
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.Product availability
Products are available and can be ordered only during the period during which they are visible within the Customer’s Private Web Gallery on the Site.
In the case where a product is still unavailable beyond 3 weeks after the date when the order was validated on the site, ArtPhotoGroup Pty Ltd will contact the Customer (by e-mail or any other appropriate communication method) in order to come to an agreement to (1) postpone the delivery; or (2) replace the product by another one similar in price and quality; or (3) cancel the order and refund the cost of product and delivery.
In case of absence of feedback from the Customer during 7 days after receiving the communication from the Company, ArtPhotoGroup Pty Ltd will cancel the order and will refund the Customer the cost of the product and associated postage and handling costs.Orders with Multiple items
ArtPhotoGroup Pty Ltd holds on to items for up to 15 business days after the first item has been received and allocated to the order to include as many items in one shipment as possible. You can request items to be sent sooner by contacting ArtPhotoBaby’s Customer Service. If you require items to be sent before the 15 business day time frame, an additional postage charge may apply.Completion of an Order & Outstanding items
An order will be complete when either of the following occurs (1) all items were sent and delivered (2) the Customer nominated to pay by cheque, money order or bank transfer and the monies were never received by ArtPhotoGroup Pty Ltd within 60 days of the date of the order and the unprocessed order was cancelled (3) ArtPhotoGroup Pty Ltd could not charge the credit card and the unprocessed order was cancelled (4) more than 120 days have passed since monies have been received on an order and ArtPhotoGroup Pty Ltd was unable to produce the product(s) and if so then the customer will receive a refund for the amount of the cancelled item, unless the customer wishes to wait longer for such product to become available.Offers Validity
Commercial offers are valid only during the period during which they are advertised on the Site unless stated differently on promotional printed documents issued by ArtPhotoGroup Pty Ltd.Order process
To order Products from the Site, a Customer must have a registered Account on the Site
Account owners are responsible for usage of his Account and associated Private Web Gallery
A contract between You and ArtPhotoGroup Pty Ltd for the purchase of a Product is created as follows:
After the order is confirmed on the Site, ArtPhotoGroup Pty Ltd will send an electronic confirmation to Customers’ e-mail address to confirm the order has been registered.Proof of order
Automatic data registration made by ArtPhotoGroup Pty Ltd on the Site will be considered as proof of purchase by Customers.
Price is payable in full on the day the order is validated on the Site. No Order dispatch will be done prior to the full payment of the Product(s) and associated Delivery costs.
Customers can benefit from free credit facilities by choosing the zipPay option on the Site. Their Purchase and Credit profile must be validated by zipPay to benefit from this service. Conditions may apply.Payment Options
Customers can choose to pay using the following payment methods:
Payments from Customers are considered settled once they have been cleared in ArtPhotoGroup Pty Ltd’s bank account.Charging of Credit cards
Credit cards are debited when your order is confirmed. If ArtPhotoGroup Pty Ltd is unable to charge your credit card due to insufficient funds or other errors, then ArtPhotoGroup Pty Ltd will attempt to contact you by email or phone to rectify the issue. If you do not contact ArtPhotoGroup Pty Ltd to resolve the issue then the order will be cancelled. Please note that Product availability and prices may change if the time between placing your order and credit card details being corrected or funds being available is delayed.Cheque and Bank Transfers
If you choose to pay by Cheque/Money Order or Bank Transfer and the funds are not received within 60 days, then the order will be cancelled by ArtPhotoGroup Pty Ltd. Please note that Product availability and prices may change if the time between placing your order and the payment being received is delayed. Please remember to include your Account Number (Access code) and the ArtPhotoBaby Order Number as a reference with your payment
The delivery of ordered Product(s) will be carried out by a transporter selected by ArtPhotoGroup Pty Ltd. ArtPhotoGroup Pty Ltd will make all necessary and reasonable efforts to deliver the order product(s) in the best delays after full payment of the goods and their associated delivery costs is cleared. The Product(s) ordered will be delivered at the postal address validated by Customers when passing their order on the Site.
Nevertheless, if the ordered Product(s) are not delivered 15 days after the provisional date of Delivery as indicated on the Site when passing the order, for any cause other than some extraordinary event or circumstance beyond our control (*) or fault from Customers in the order taking process, Customers will be entitled to cancel the sales contract. In that case, Customers must notify ArtPhotoGroup Pty Ltd by registered mail of their decision to cancel their order. The sale will be cancelled at reception of the registered letter if the Product(s) have not been delivered at that time.
In case of order cancellation, ArtPhotoGroup Pty Ltd will refund Customers the price of the Product(s) and associated delivery costs within 30 days from the date of the sales contract cancellation.
(*) Extraordinary events or circumstances beyond our control include, without limitation, wars, strikes, riots, hostilities, revolutions, terrorism, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force majeure or any “acts of God”, transport interruption or inability for suppliers to deliver, and generally any external unpredictable and uncontrollable events.Insufficient or Incorrect Delivery Information
Address changes and/or corrections made through your ArtPhotoBaby Account will only affect future orders placed after the changes and/or corrections are made. Any changes and/or corrections for current orders must be done by phoning Customer Service on 02 9401 0884 Monday - Friday, 9am - 5pm Sydney time. (Don't forget to update your account for future orders after phoning ArtPhotoBaby)
Customers who enter addresses that Australia Post have deemed having incorrect and/or insufficient details to ensure delivery may result in the following: (1) Delayed delivery, (2) Lost parcel, (3) Package/s returned to the ArtPhotoBaby Warehouse
Any package returned to ArtPhotoBaby due to the above incorrect and/or insufficient information will require an extra delivery charge of $9.00. Also, if ArtPhotoGroup Pty Ltd has incurred extra fees to retrieve the package from Australia Post then these charges will also be borne by Customers before the package can be dispatched again.
Any shipment that is delayed or lost and is found to have had incorrect and/or insufficient details provided by Customers will not be covered by ArtPhotoGroup Pty Ltd. NO REFUNDS and NO STORE CREDITS are applicable.
If the package has the correct delivery information and is 'lost' by Australia Post, ArtPhotoGroup Pty Ltd will replace the items only after you have checked with your local Post Office.Mail Redirections
Customers please note that many of our ArtPhotoBaby customers inform us that their Australia Post Redirections do not work with packages. ArtPhotoGroup Pty Ltd will not be responsible for replacing goods or extra costs if a redirection has not been successful. Please contact Customer Service before you move to ensure a current order has the updated details to minimize delays.Delivery Costs
Delivery rates cover the costs towards packing your order and delivering it to your door. It includes packaging costs, labour costs and postage costs. The delivery costs depend on the total weight of your order. Rates are detailed below:
ArtPhotoGroup Pty Ltd will bear the risks associated to transport till the Delivery. The Delivery is defined as the first presentation of ordered Product(s) by Customers at the delivery address validated when passing the order on the Site.
If Customers are not present for the Delivery, the carrier will leave a notice to Customers as to where they can withdraw their Product(s). ArtPhotoGroup Pty Ltd will not bear any responsibility in the possible damage to Product(s) if Customers delay the withdrawal of their ordered Product(s). Collecting the Product(s) is the sole responsibility of Customers.
ArtPhotoGroup Pty Ltd will print the ordered Product(s) exactly as they are displayed on Customer’s Private Web Galleries. The Product(s) are already personalised with the data in the registered Account associated with the Private Web Gallery. It is the sole responsibility of Customers to check these details and proofread the Product(s) before passing their order. The Product(s) being fully personalised, we will not be able to cancel, change your order or reprint it if you wish to correct some text after the order has been passed. Please refer to Article 5 in these Terms.
In case some personal data is incorrect in the Product(s) displayed in the Private Web Gallery, Customers must go totheir registered Account and amend the data. The Product(s) images will be refreshed in the Private Web Gallery. Customers should then double-check before passing the order. Please allow 24 hours for the process to be completed.Quality control of delivered goods – Returns policy
Customers must check the state of Product(s) at Delivery. Customers must inform ArtPhotoGroup Pty Ltd by registered letter within 8 days after delivery, if they consider the Product(s) to be damaged or not in conformity with Product specifications. It is Customers’ responsibility to demonstrate any Product non-conformity or damage.
After this delay and if the claim process is not respected, Product’s will be considered as conform with the Site specifications and therefore the purchase contract.
In case of damage or faulty Product(s) duly demonstrated by Customers, they will be entitled to claim the reprint of the Product or the replacement by another Product of same value or the
refund of the cost of the Product and associated delivery costs. A faulty or damaged Product does not entitle Customers to any claim beyond these costs.
In that case, Customers must return the unused Product to ArtPhotoBaby customer service and must pay the cost of returning the Product to our nominated address. We will reprint and resend a fresh new Product within 3 weeks of receiving the damaged goods. Please note that slight variations in colour between the printed product and the images your screen, are not considered as non-conformity and that the liability of ArtPhotoGroup Pty Ltd to replace the Product will not be engaged in that case.
Any Product return is subject to prior approval by ArtPhotoGroup Pty Ltd. Return costs and risks are born by Customers. Without any prior consent of ArtPhotoGroup Pty Ltd, the returned Product(s) will be stored for Customers – storage costs may be charged or Product(s) returned to Customers at their own cost.
For further guidance and information on our products and services, Users and Customers can
The present Sales Terms and Conditions and all attached operations and especially Customer orders are subject to Australian Law and regulations. Any litigation related to the validity, interpretation or execution of sales’ contracts between ArtPhotoGroup Pty Ltd and Customers will be dealt with by the Sydney- NSW – Australia jurisdiction.