Terms & Conditions

 

Business: Scott Robert Photography
ABN: 75204761282
Email: scottrobertphotography@gmail.com
You can also contact us through the Contact page on our website.

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1. Our products

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We sell physical photographic artwork, including print-only and framed products.

Available options may include:

• print-only or framed finish;

• print or frame size;

• frame colour;

• matboard or border options; and

• other options displayed on the relevant product page.​

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The options available vary between products. Customers are responsible for reviewing their selected size, finish, frame colour and other options before submitting an order.

Print-only products are supplied unframed unless expressly stated otherwise.

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Most products are made to order. We may use an Australian-based production partner to print, frame, package or deliver products on our behalf. Scott Robert Photography remains the seller and the customer’s point of contact for their order and their rights under the Australian Consumer Law.

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2. Product photographs and room mock-ups

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Product photographs, room mock-ups and framed artwork previews are provided to help demonstrate the appearance of the artwork.

Room mock-ups may not show the artwork at an exact physical scale. Customers should rely on the measurements stated on the product page and in our Size Guide when selecting a size.

Frame colours and materials may appear differently under different lighting conditions.

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3. Copyright and intellectual property

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Unless otherwise indicated, the photographs, videos, text, branding, graphics and other original content displayed on this website are owned by or licensed to Scott Robert Photography and are protected by applicable copyright and intellectual-property laws.

Without our prior written permission, you must not:

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• copy, reproduce, publish, distribute, sell, license or modify our photographs or content;

• use our photographs or content for advertising, branding, merchandise, resale, print-on-demand products or NFTs;

• use our content to train, develop or operate artificial-intelligence or machine-learning systems;

• remove or alter watermarks, copyright notices or metadata;

• scrape or systematically extract our photographs or website content; or

• represent our photographs or content as your own.

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Purchasing a print or framed artwork gives you ownership of that physical item only. It does not transfer copyright in the photograph or grant commercial reproduction rights.

For editorial or commercial licensing enquiries, contact scottrobertphotography@gmail.com.

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4. Prices and payment

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All prices are displayed in Australian dollars and include GST where applicable.

Delivery charges and any other applicable fees will be displayed before the order is submitted.

Prices may change from time to time. A price change will not affect an order that we have already accepted.

Payment must be successfully authorised before an order can enter production.

Discount codes:

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• must be entered before checkout is completed;

• cannot be applied retrospectively;

• may be subject to stated expiry dates or product exclusions;

• cannot be exchanged for cash; and

• cannot be combined unless expressly stated.

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5. Order acceptance

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After an order is submitted, you will receive an electronic order acknowledgement or confirmation.

We may contact you to clarify an order before production begins.

We may cancel and refund an order where:

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• there is an obvious pricing or product-description error;

• a required material or product is unexpectedly unavailable;

• we cannot reasonably fulfil or deliver the order;

• the payment is unauthorised or suspected to be fraudulent; or

• the order appears to have been placed for an unlawful or unauthorised purpose.

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If we cancel an order, all amounts paid for the cancelled item will be refunded.

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6. Changes and cancellations

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Because most products are made to order, production may begin shortly after an order is placed.

Contact us immediately if you need to request a change or cancellation. We will attempt to assist, but changes or cancellations cannot be guaranteed once production has started.

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We do not generally offer change-of-mind cancellations or returns for made-to-order products, including where:

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• the customer selected the wrong size;

• the customer selected the wrong frame colour or finish;

• the artwork no longer suits the customer’s space; or

• the customer changes their preference after ordering.

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This does not affect rights available under the Australian Consumer Law.

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7. Colour, crop and material variations

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Screens, phones and monitors display colours differently. As a result, reasonable differences may occur between the colours displayed online and the final printed artwork.

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Depending on the chosen print size and aspect ratio, an image may require minor cropping. Where possible, product previews will show the intended crop.

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Reasonable variations may also occur between batches of:

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• paper;

• ink;

• timber;

• matboard;

• frame materials; and

• other finishing materials.

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Minor and reasonable production variations are not necessarily defects. However, nothing in this section limits your rights where a product is materially different from its description, is damaged, is faulty or otherwise fails to comply with the Australian Consumer Law.

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8. Production and delivery

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Production and delivery times displayed on the website are estimates rather than guaranteed delivery dates unless we expressly agree otherwise in writing.

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Delays may occur because of:

• production demand;

• material availability;

• courier delays;

• peak trading periods;

• severe weather;

• natural disasters; or

• other events outside our reasonable control.

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We will take reasonable steps to keep you informed about substantial delays.

If we cannot fulfil an order, we will provide an appropriate solution, which may include offering an alternative product, agreeing to a revised timeframe or providing a refund.

Customers must provide a complete and accurate delivery address. Additional reasonable delivery charges may apply where an order must be resent because the customer supplied an incorrect or incomplete address. This does not apply where the delivery problem was caused by us, our production partner or the courier.

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Risk in the product passes to the customer when it is delivered to the nominated delivery address or collected by the customer.

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9. Australian Consumer Law

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Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

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Depending on the circumstances, customers may be entitled to a repair, replacement, refund or compensation where a product:

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• is faulty or damaged;

• is not of acceptable quality;

• does not match its description;

• is not fit for a disclosed purpose; or

• otherwise fails to comply with a consumer guarantee.

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The appropriate remedy depends on whether the failure is major or minor and on the circumstances of the particular order.

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Nothing in these Terms and Conditions excludes, restricts or modifies a right, remedy, guarantee or other protection that cannot lawfully be excluded.

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10. Change-of-mind returns

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We do not generally accept change-of-mind returns for made-to-order products.

This policy does not apply where the product is faulty, damaged, incorrect, not as described or otherwise covered by the Australian Consumer Law.

If we voluntarily agree to accept a change-of-mind return, we may require the product to be:

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• unused;

• undamaged;

• securely packaged; and

• returned within the timeframe agreed with us.

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The customer may be responsible for return shipping costs where the return is solely due to a change of mind.

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11. Damaged, faulty or incorrect orders

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Please inspect your order as soon as reasonably possible after delivery.

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If your order arrives damaged, faulty or incorrect, contact us at scottrobertphotography@gmail.com. Contacting us within seven days of delivery will help us investigate courier damage promptly, but this requested timeframe does not limit your rights under the Australian Consumer Law.

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Please provide, where reasonably available:

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• your name and order number;

• a description of the problem;

• photographs of the artwork;

• photographs of the external and internal packaging; and

• any other information reasonably required to assess the issue.

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Please keep the artwork and packaging until we advise whether they are required for inspection or a courier claim. Not having the original packaging does not automatically remove any rights you may have under the Australian Consumer Law.

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We may inspect the product or request further information before providing a remedy.

Where a product is confirmed to be damaged, faulty or incorrect, we will provide a remedy in accordance with the Australian Consumer Law. Depending on the circumstances, this may include:

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• repair;

• replacement;

• refund; or

• compensation for reasonably foreseeable loss or damage.

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Where a product is large, heavy or difficult to return, we will arrange collection or cover reasonable return costs where required by law.

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12. Ten-year frame warranty

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Where expressly stated on the product page, a framed product includes a ten-year warranty against defects in the frame.

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The warranty begins on the date the framed product is delivered and continues for ten years.

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Subject to the Australian Consumer Law, the warranty covers manufacturing defects in the frame materials or workmanship arising during normal indoor use.

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The warranty does not cover damage caused by:

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• accidents, impacts or dropping the frame;

• misuse or unauthorised alteration;

• incorrect installation or unsuitable hanging hardware;

• water, excessive moisture or high humidity;

• prolonged exposure to extreme heat or direct sunlight;

• normal wear and tear; or

• pests, mould or environmental conditions outside the warrantor’s reasonable control.

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To make a claim, contact us with:

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• proof of purchase;

• the order number;

• a description of the defect; and

• clear photographs showing the issue.

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If the claim is accepted, the warrantor will arrange an appropriate warranty remedy, which may include repairing or replacing the affected frame.

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There is no claim-processing fee. Where return delivery or collection is reasonably required for an accepted claim, the warrantor will cover the reasonable associated costs. We will obtain the customer’s agreement before any customer-paid inspection or transport costs are incurred.

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Mandatory Australian Consumer Law wording

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Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

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You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

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You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

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The benefits provided by the ten-year frame warranty are in addition to other rights and remedies available under the Australian Consumer Law.

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13. Care and hanging instructions

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To help protect the artwork:

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• avoid prolonged exposure to direct sunlight;

• avoid high humidity, moisture and extreme heat;

• handle the artwork with clean, dry hands;

• clean frames and glazing gently with a soft, dry cloth;

• do not use abrasive products or harsh chemicals; and

• use wall fixings appropriate for the wall type and the artwork’s weight.

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Supplied hanging hardware may not be appropriate for every wall type. Customers should obtain professional installation assistance where required.

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Damage directly caused by misuse, unsuitable installation or improper care may not be covered by the voluntary frame warranty. This does not affect any unrelated rights under the Australian Consumer Law.

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14. Returns and proof of purchase

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We may request reasonable proof of purchase when assessing a return, warranty claim or consumer-guarantee claim.

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Acceptable proof may include:

• an order-confirmation email;

• an invoice or receipt;

• an order number;

• a card or bank statement; or

• another record reasonably demonstrating that the product was purchased from us.

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15. Limitation of liability

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Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability under the Australian Consumer Law.

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Subject to those non-excludable rights, we are not responsible for loss or damage caused solely by:

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• the customer’s misuse of the product;

• incorrect installation or unsuitable wall fixings;

• alterations made after delivery;

• failure to follow reasonable care instructions; or

• circumstances outside our reasonable control that were not caused by our breach.

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Nothing in this section excludes liability for reasonably foreseeable loss or damage arising from a failure to comply with an applicable consumer guarantee.

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16. Website use

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You must not:

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• attempt to gain unauthorised access to the website or its systems;

• introduce malware or malicious code;

• interfere with the website’s operation;

• use automated systems to scrape or extract content without permission;

• use the website for unlawful, fraudulent or misleading purposes; or

• falsely represent an association with Scott Robert Photography.

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We may restrict access to the website where reasonably necessary to protect our systems, customers, intellectual property or legal rights.

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17. Third-party services

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Our website may use third-party services for:

• payment processing;

• website hosting;

• analytics;

• order production;

• delivery; and

• other business operations.

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Use of some third-party services may also be governed by their own terms and privacy policies.

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We are not responsible for third-party websites that are not controlled by us. However, using a production or delivery partner does not remove our obligations as the seller under the Australian Consumer Law.

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18. Privacy

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We handle personal information in accordance with our Privacy Policy.

Information may be collected and used for purposes including:

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• processing payments and orders;

• producing and delivering artwork;

• communicating with customers;

• preventing fraud;

• maintaining website security; and

• marketing where consent has been provided or where otherwise permitted by law.

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Our Privacy Policy explains how personal information is collected, stored, used and disclosed.

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19. Governing law

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These Terms are governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia.

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The parties submit to the non-exclusive jurisdiction of courts and tribunals having jurisdiction in New South Wales.

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Nothing in this section removes any mandatory rights a customer may have under the laws applying to them.

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20. Severability

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If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the minimum extent necessary. The remaining provisions will continue to operate.

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21. Changes to these Terms

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We may update these Terms from time to time.

 

The version displayed on the website when an order is placed will ordinarily apply to that order. Later changes will not retrospectively alter an accepted order unless required by law or agreed with the customer.

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