Last Updated: November 12, 2019
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. THIS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND PHOTILES.COM.AU ("PHOTILES," "WE" OR "US") FOR THE USE OF THE PHOTILES APPLICATION (THE "APP") AND ANY RELATED PHOTILES WEB OR MOBILE SITES WHICH LINK TO THESE TERMS (THE "SERVICES"). If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available here (the "Terms"). This Terms & Conditions describes the Supply Policy of using the App or use of Services.
Changes to Terms: We may amend this Policy from time to time. You should visit the Website regularly to ensure that you are aware of any changes to this policy.
1.2. Photiles reserves the right to amend these Terms & Conditions from time to time. You should visit the Website regularly to ensure that you are aware of any changes to these Terms & Conditions.
1.3. All Orders are accepted and handled by Photiles in accordance with these Terms & Conditions. We recommend that you read these Terms & Conditions carefully before submitting an Order with Photiles.
1.4. If you do not agree to these Terms & Conditions, please do not use the App and/or Services.
2.1. Subject to clause 2.4, Photiles provides a number of resources, accessible via the App and/or Services, which may assist you with the design of your Goods including, but not limited to, ‘App Designer’ and email support.
However, you acknowledge and agree that due to the automated processes used by Photiles in the manufacture of Goods:
(i) upon receipt of your payment, your Order will be treated as a final submission and the manufacture of your Goods will commence immediately;
(ii) Photiles is not responsible for what is included within your Content or errors in the compilation or design of your Goods which have made been by you; and
(iii) Photiles is not responsible for the quality of the Content selected by you including, but not limited to, poor image quality caused by low-resolution images submitted by you.
2.2. Subject to clause 2.4, by submitting an Order, you are confirming that Photiles may immediately commence manufacturing the Goods and you warrant that:
(i) you have checked your Order;
(ii) the quality of the images selected by you and the design of your Goods meets your requirements; and
(iii) your Content complies with the terms of the Terms & Conditions.
Estimated Production Times: Most orders take 2-7 business days to finish production. You acknowledge and agree that manufacturing times may vary during peak and holiday seasons and may also vary depending on the size and quantity of the Goods included in your Order
2.3. Subject to clause 2.4, Photiles will not accept any amendments to an Order once it has been submitted by you and your payment has been received. If Photiles decides not to fulfill your Order due to the nature of your Content, you will need to resubmit your Order without the offending Content.
2.4. Once you have submitted and paid for an Order and delivery is in progress, your Order cannot be cancelled. However, your Order may be cancelled if delivery of the Order has not commenced yet, provided that you have:
(i) contacted Photiles via the contact details listed on the App and/or Services to request that your Order be cancelled and explain the reason for the cancellation; and
(ii) paid Photiles’ cancellation fee, as listed on the App and/or Services and subject to change from time to time, in respect of the expenses incurred by Photiles in connection with granting your request to cease manufacture of your Goods.
3.1 You acknowledge and agree that Photiles will not commence manufacturing the Goods until Photiles receives full payment for your Order, together with all applicable delivery charges, in accordance with the prices listed on the Website, which are subject to change from time to time.
3.2 All prices listed on the Website are in Australian dollars.
3.3 You agree to pay any other fees or charges which may be incurred in relation to the delivery of your Order which may include, but are not limited to, duty imports, value-added taxes or customs clearance charges.
3.4 Payment for Orders and all applicable delivery charges must be made by online credit card transaction. All personal credit card information provided to Photiles is encoded using ‘Secure Sockets Layer’ technology.
3.5 Photiles will email you an electronic Order confirmation to your nominated email address once your Order has been received in Photiles’ system and your payment has been processed.
The quality of the prints in Goods manufactured for you by Photiles may not be equivalent to what you see on your computer monitor when using the App. This may be caused by your computer monitor reproducing colours differently due to the brightness and contrast settings. When editing your Content prior to submitting your order, you are advised to ensure that any changes made by you have not reduced the overall resolution of the original image and that the brightness and contrast settings on your monitor are at the lowest possible.
5.1. Photiles uses reputable and reliable delivery agents for all deliveries of Orders and reserves the right to change its nominated delivery agent at any time without prior notice to you.
5.2. All Orders are professionally handled and packed in dedicated packaging to avoid any damage during delivery. Photiles is not liable for any loss or damage during delivery.
5.3. Estimated Delivery Time: Unless you live in a remote area, most orders take 2-7 business days to arrive to your destination within Australia. Remote areas and/or any international orders may take up to 15 days from the dispatched day.
5.4. Photiles will use its best endeavours to ensure that all Orders are delivered to the delivery address supplied by you within the Estimated Delivery Time. However, you acknowledge that delivery and manufacturing times may vary during peak and holiday seasons and may also vary depending on the size and quantity of the Goods included in your Order.
5.5. You acknowledge and agree that:
(i) the delivery charges listed on the App and/or Services are in addition to the cost of the Order and you must agree to pay these delivery charges together any other additional charges which may be incurred in relation to the delivery of your Order including, but not limited to, duty imports, value-added taxes or customs clearance charges;
(ii) the Estimated Delivery Time is an estimate only and is not an essential term of these Terms & Conditions;
(iii) any delay in the delivery of an Order does not entitle you to cancel the Order or to a refund of your payment for the Order; and
(iv) Photiles is not liable for any delay in delivery, including delay caused by harmful components in the Content provided by you, delayed payment by you, an incorrect address supplied by you or any other delays resulting from an event of Force Majeure.
6.1. You agree and acknowledge that:
(i) all Goods manufactured by Photiles are hand-made using quality materials and craftsmanship. Goods can not be duplicated exactly and therefore there may be minor differences across different prints of the same Goods including, but not limited to, slight variations in colour fidelity or binding type; and
(ii) in the event of shortages of manufacturing materials, Photiles reserves the right to substitute the materials used in the manufacture of your Goods, using the best alternative materials available, without prior notice to you;
and you acknowledge and agree that neither of the above issues entitles you to a refund of your payment for an Order.
6.2. Refunds of Orders, reprints of Orders or cancellation of Orders are generally not provided by Photiles except in the case of manufacturing defects or the Goods delivered to you not matching your Order.
6.3. Notwithstanding clause 6.2, Photiles prides itself on the quality of the Goods which it produces and conducts quality assurance checks on all Goods. In the event that you discover a manufacturing error, including but not limited to, the physical condition of Goods, you should inform us immediately in accordance with the following process:
(i) as soon as possible, but not more than 7 days, after the Order is delivered to you, you must contact Photiles at the e-mail address listed on the Website and provide a description and photographic evidence of the manufacturing error or cause of dissatisfaction. You must also provide photographic evidence of the condition of the packaging to enable Photiles to determine if the Goods were damaged during delivery to you;
(ii) Photiles will review the description and photographic evidence provided by you and will determine, in its absolute discretion, whether to replace the Goods, repair the Goods or provide you with an explanation as to why Photiles has declined to repair or replace the Goods. Photiles will inform you of its decision within 7 days of receiving your e-mail;
(iii) if Photiles advises you that it will repair or replace the Goods, you must, at your risk and cost, return the defective Goods to Photiles within 14 days of being advised of Photiles’ decision; and
(iv) Photiles will use its best endeavours to deliver your repaired or replacement Goods within 21 days of receiving the defective Goods from you.
6.4. You acknowledge and agree that:
(i) if you do not comply with any aspect of the returns process specified in clause 6.3, you will be deemed to have accepted delivery of the Order and you will not be entitled to have your Goods repaired or replaced and you will not be entitled to a refund;
(ii) the return of defective Goods will only be accepted by Photiles if the Goods are in the same packaging used to deliver the Goods to you and are in the same condition as when originally delivered to you;
(iii) Photiles’ acceptance of the return of defective Goods is not an acknowledgment of any fault by Photiles or of any breach of these Terms & Conditions by Photiles and is not an acceptance of or a granting of credit to you; and
(iv) while Photiles uses all reasonable endeavours to ensure that the packaging used by its delivery agents prevents damage being caused to your Goods during delivery to you, Photiles is not liable for any damage caused during delivery and is entitled to refuse to replace or repair any such damaged Goods.
7.1 Photiles shall not be considered in default in the performance of its obligations, or be liable for any failure to deliver or for any delay in delivery of an Order to the extent that such failure or delay is caused by an event of Force Majeure.
7.2 In the event of a delay arising from an event of Force Majeure, the time of the performance of delivery of an Order shall be extended by a period of time reasonably necessary to overcome the effect of the delay.
7.3 For the purposes of this clause, 'Force Majeure' means:
(i) war, hostilities, blockade, insurrection, invasion, act of foreign enemies;
(ii) rebellion, terrorism, sabotage, strikes, revolution, insurrection, military or usurped power, or civil disturbance; and
(iii) breakdown of machinery, flood, bushfire, washout, earthquake, landslide, cyclone, hurricane, typhoon, tidal wave or volcanic activity;or any other cause whether similar or dissimilar to any of the causes or categories described above and which is beyond the reasonable control of Photiles.
If any of part of these Terms & Conditions or any provision of any agreement in which the terms of these Terms & Conditions are expressly or impliedly incorporated, shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that part or provision shall to that extent be deemed not to form part of these Terms & Conditions or of such contract and the enforceability of the remainder of these Terms & Conditions and of the contract shall not be affected.
These Terms & Conditions are governed by the applicable law in the State of Victoria, Australia and you irrevocably submit to the authority of the Courts having jurisdiction in the State of Victoria, Australia.