Terms & Conditions
General Terms and Conditions
The website www.camerahouse.com.au is owned and operated by Raleru Limited [ABN 52 002 575 340]. Raleru Limited also includes its member stores located around Australia, noting that each store has its own individual ABN separate to that of Raleru Limited.
All products listed on the website are described to the best of our ability and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of human error.
In these General Terms and Conditions for use of the Camera House Website "we", "our" and "us" means Raleru Limited trading as Camera House and "our website" means the URL www.camerahouse.com.au and "you" and "your" means you, the customer.
E-mails and Other Online Communications
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
Subscribing and Unsubscribing to our E-mail List
Registering on www.camerahouse.com.au allows users to be included in our email mailing list. Our emails include information on special offers, competitions, new product arrivals and other communications. You can subscribe by registering on the homepage, on the checkout page. Alternatively you can purchase products without registering, simply select that option at checkout.
Every marketing or other e-mail we send has an unsubscribe option. Simply unsubscribe by following the link at the bottom of our email communications. Users will be removed from our mailing list once the unsubscribe option is selected.
Cookies and Web Beacons
Copyright and Other Intellectual Property Rights
Camera House owns the trade mark"CAMERA HOUSE" and reserves all rights in relation to it.
Any other intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to www.camerahouse.com.au are owned by us, or in some cases a third party. These intellectual property rights are protected by Australian and international laws. You should assume that all of the content made available to you through this website is owned by Camera House or by third parties and is protected by copyright or other proprietary rights.
Nothing contained on www.camerahouse.com.au is to be interpreted by you as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
You may view www.camerahouse.com.au and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of www.camerahouse.com.au or commercialise any information contained from any part of the website without our prior written permission or, in the case of third parties, from the owner of the copyright of that material.
To purchase from us you must establish an account on this website ("your membership account").
We retain absolute discretion to refuse to allow your membership account to be established, to terminate your membership accounts and to remove or edit content where your membership account has not been kept in accordance with these terms and conditions.
You must notify us immediately if you become aware of any breach of security or unauthorised access or use of your membership account. You are solely responsible for the activity that occurs on your membership account.
We use the BrainTreePayment GatBrainTree for our online credit card transactions. BrainTreeprocesses online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the internet.
Please refer to our Terms & Conditions below for Online Purchases for further information.
We respect your privacy and are committed to protecting your personal information. We do not disclose confidential information about you except as required to provide our services, with your consent or as required or permitted by law.
Collection of Your Personal Information
Personal information about you is used strictly for limited purposes. From time to time, we will collect information about you such as your name, server address, domain name, contact details, occupation, title, the date and time of your visit and the information downloaded concerning the matters on which you seek our services. This information is collected when you give it to us directly, when you use our services or when you visit our website.
Use of Your Personal Information
The personal information we collect about you is primarily used for the purpose of processing your order and communicating effectively with you about:
- Returns and exchange authorisations;
- Order confirmation;
- Sending you tax invoices;
- Delivering the products you have purchased online;
- Providing you with dispatch and tracking information with regard to your online order(s);
- Providing you with pick up details and tracking information with regard to your store pick uporder(s);
- Sending you e-mail newsletters containing special offers;
- Administering your account; and
- Servicing our relationship with you.
You may also sign up to receive periodic e-mail newsletters letting you know of our latest specials. If at any time you decide you do not want to receive or continue to receive additional information from us, please refer to the heading "Subscribing and Unsubscribing to our e-mail marketing List contained within these terms.
There is an option to subscribe to the e-mail newsletter as part of any online transaction you conduct with us.
If you do not wish to provide us with personal information, we may be unable to properly provide you with the products, services, information and/or warranties that you require.
Disclosure of Personal Information
We will not disclose or share your personal information with our business partners unless you give Camera House your specific permission to do so. However, from time to time we may send you material from our business partners. If you choose to accept those promotional offers or provide your information to those third parties, that is your choice.
We may, however, use or disclose your personal information to third party organisations for purposes relating to the management of your membership account with us. Such organisations include:
- Service providers who manage the services we are able to provide you with;
- Mailing systems which facilitate delivery of the products you have purchased with us;
- Live help service providers;
- Maintenance and repair services;
- Market research; and
- Our professional advisers such as lawyers, accountants and auditors.
Please be assured that we require these organisations to observe strict confidentiality obligations with regard to your personal information and are also bound to adhere to the National Privacy Principles. These third party service providers are not permitted to use your personal information for their own marketing purposes.
Other than described above, we will not use, sell or disclose your personal information without your consent. We endeavour to take all reasonable steps to keep secure any information which we hold about you and to keep this information accurate and up to date.
We have robust systems and procedures in place to protect your privacy and your information is stored insecure servers. We are continually upgrading these systems and reviewing our procedures to ensure the highest standard of security is used to protect your personal information.
We use the BrainTree Payment gatBrainTree for our online credit transactions. BrainTree is an authorised third party processor for all major Australian Banks and all transactions are performed under a 128 Bit SSL Certificate and encrypted for storage within BrainTree's bank-grade data centre.
However, notwithstanding the highest standards of care that we take with security, we cannot be held responsible for events arising from unauthorised access to your personal information.
We may, from time to time, engage third party contractors to carry out work for us. Third party contractors are prohibited from using collected personal information about you, except for the specific purpose for which that personal information has been supplied by us to the contractor.
The Privacy Officer:
Raleru Limited (trading as Camera House)
4/108 Old Pittwater Road
BROOKVALE NSW 2100
Telephone: 02 8978 8700
Facsimile: 02 8978 8740
Resolving Your Concerns
If you have any concerns with,or do not understand, our websiteTermsand Conditions we encourage you to contact us
Our contact details are below and we will respond to your query as soon as possible.
Post: PO BOX W386
Changes to General Terms and Conditions
Because of frequent changes in internet technology and applicable law we reserve the right to make changes to these General Terms and Conditions at any time that technology and legal changes require. You should check these Terms and Conditions regularly for such changes.
This website may contain links to, or frame, websites of third parties ("external sites") which Camera House is not required to maintain or update.
Any links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by Camera House of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.
Camera House makes no warranties and accepts no liability in relation to material contained on external sites.
This clause isnotintended to exclude or limit any rights which you may have under the Trade Practices Act 1974 (Cth) or equivalent State or Territory laws.
Except where to do so would otherwise cause any part of these Terms to be illegal, void or unenforceable, we exclude all conditions and warranties implied into these Terms & Conditions.
We do not accept responsibility and we disclaim liability for any loss, damage or injury (including negligence), howsoever caused, which you may directly or indirectly suffer (or allegedly suffer) in connection with use of this website. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of or damage to property, and third party claims.
In addition, www.camerahouse.com.au, its affiliates and information providers do not warrant or guarantee the timeliness, accuracy or completeness of any information or advice contained on this website and will not be held liable for any errors, inaccuracies or omissions or other defects within any such information or advice or for any claims or losses arising therefrom.
Limitation of Liability
Without limiting the general disclaimer, we:
- make no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
- will not be liable for disruptions to this website; and
- will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection withuseof this website or an external site.
You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer system or systems.
Under no circumstances, including but not limited to any act or omission on our part, will we be liable for any indirect, consequential and/or incidental damage or loss of profits whatsoever which result from any use or any access of, or any inability to use or access, this website.
To the fullest extent permitted by law, our liability for any breach of any implied warranty or condition for goods or services we provide you which cannot be excluded is limited at our option to the following:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of services, the supply of the services again or the cost of having the services supplied again.
TERMS & CONDITIONS FOR ONLINE PURCHASES
In these Terms and Conditions for Online Purchases, "we", "our" and "us" mean Raleru Limited (ABN 52 002 575 340) and its associated member stores (all of which have a unique ABN separate to that of Raleru Limited) trading as www.camerahouse.com.au and "our website" means the URL www.camerahouse.com.au and "you" and "your" means you, the customer.
These Terms and Conditions, together with the general terms and conditions for use of our website, your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products.
1. Formation of Contract
You offer to purchase products from us through our website. Your offer is made by completing and submitting your order and providing your credit card details. Our acceptance of your offer is confirmed by us providing you with an order confirmation and order reference number. Once we provide you with the order reference number a binding contract is formed.
2. Australia only Website
We only sell and deliver within our service areas within Australia.
3. Legal Capacity to Transact
3.1 If you are under eighteen (18) years of age, you cannot order via our website.
3.2 Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
4. Processing your Order
4.1 Upon completing your order and submitting it through the checkout system the following will occur, depending on whether you elect delivery or an in-store pick up:
(a) for orders where online delivery is requested, an order reference number and tax invoice will be issued to you via a confirmation email, subject to you providing us with your e-mail address; and
(b) for orders where store pick up is requested, an order confirmation and order reference number will be issued to you via a confirmation email, subject to you providing us with your email address.
4.2 We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
4.3 Upon processing your order and receiving payment via your credit card or debit card we send you an order reference and confirmation email, subject to providing us with your email address. Your tax invoice will be sent in either of the following ways, depending on whether you elect delivery or an in-store pick up:
(a) for orders where delivery is requested, your tax invoice will be sent with the goods; and
(b) for orders where store pick-up is requested, a tax invoice will be issued at the time you collect your goods from the Camera House store you have nominated.
4.4 We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your membership account; remove or edit content from our website at our sole discretion.
4.5 If we cannot process your order after receiving payment, we will contact you using the details entered on the order form at the time the order was submitted.
5. Payment Methods and Processing
5.1 BrainTree Payment GatBrainTree currently accept American Express, VISA and MasterCard credit cards and debit cards only.
5.2 Orders placed on weekends or public holidays will be processed on the next business day.
5.3 Business days are Monday to Friday, excluding NSW Public holidays.
5.4 We process payments only after you successfully complete the checkout.
5.5 Your tax invoice is your proof of purchase and is required for any warranty claims.
All purchases include GST unless otherwise stated.
7.1 We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice.
7.2 We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. Images are used for illustrative purposes only.
7.3 We reserve the right to modify prices published on our website at any time.
7.4 The price displayed for products on this website represents the full price in Australian dollars, including GST, for the product itself but does not include postage/delivery charges. Please refer to our Shipping Details and Rates.
8.1 We attempt to keep stock of most items listed on our website. All stock availability representations (graphical or text) on this website are accurate as of our last known stock level with the manufacturer and is subject to change without notice.
8.2 You will be notified if item/s are on backorder and/ or are no longer available.
9. Delivery/ Pick Up of Goods
9.1 After ordering online and selecting the option of delivery:
(a) You will receive an e-mail confirmation, containing your order details (if you have provided your e-mail address to us).
(b) We will endeavour to send your goods as soon as possible, however, delivery of each ordered product/s can take up to 10 business days from the date payment is received.
(c) Your order will be sent via an Australia Post eParcel. After dispatch, a dispatch confirmation email (subject to you providing us with your email address) which contains an Australia Post eParcel tracking number will be sent to you.
(d) We will deliver each ordered product/s to the place of delivery designated by you at the fees specified at checkout.
(e) If the specified recipient is unable to accept delivery of the Australia Post eParcel, an "Article Awaiting" card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time the "Article Awaiting" card is left at your premises.
(f) Please contact our Customer Service Team if you wish to change your delivery address after payment. If your order has been sent you will be unable to change your delivery address.
(g) Delivery may exceed 10 days if our Customer Service Team are unable to verify your details within 48 hours after placing your order.
9.2 After ordering online and selecting the option of store pick up:
(a) You will receive an e-mail confirmation and order reference number, containing your order details (if you have provided your e-mail address to us) including contact details for the Camera House store you have nominated to collect your goods ("the nominated store").
(b) When your goods are ready for collection, the nominated store will contact you, however, delivery of each ordered product/s can take up to 10 business days from the date payment is received to the date it is available for collection at the nominated store.
(c) The goods will be available at the nominated store designated by you at checkout at the fees specified at checkout, noting that you paid such fees at checkout.
(d) You must collect the goods from the designated store within two (2) months from the date the nominated store contacts you to advise that the goods are ready for collection. Failure to collect the goods within the two (2) month time period may result in the goods being unavailable.
(e) Please contact our Customer Service Team if you wish to change the nominated store after payment. If your order has been sent to the nominated store you will be unable to change your delivery address.
(f) Delivery to your nominated store may exceed 10 days if our Customer Service Team are unable to verify your details within 48 hours after placing your order.
(g) At the time of collection of the goods at the nominated store you will be given a tax invoice for the goods, which you should retain for warranty purposes.
10. Title and Risk
Title to and risk in the products will pass to you upon delivery from us. Title to those products, which are software components to any product, shall remain with the applicable licensor(s) at all times.
11. Cancelled Orders
11.1 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.
11.2 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.
12. Faulty, Damaged or Defective Product & Product Return
Faulty, Damaged or Defective Products
12.1 A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery.
12.2 If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund is only available if the product is no longer available.
12.3 Products damaged in transit must be reported to us within 24 hours of receipt of the product.
12.4 If you receive a product that you think is defective, you are to immediately contact our Customer Service Team who may provisionally determine whether the product is defective. You have 14 days from the date of delivery to report a defective product.
12.5 Where a product is provisionally determined to be defective we will arrange to replace the product.
12.6 Where we have provisionally determined your product is defective, return shipping may be arranged at our expense, but this will be determined on a discretionary basis.
12.7 If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
12.8 We reserve the right to test any returned defective product.
12.9 Products must be returned whenever we agree to replace the product or provide you with a refund.
12.10 For product return details, please refer to our Returns Policy.
12.11 Please ensure that all original items including packaging are returned.
12.12 It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse or the nominated Camera House Store.
12.13 Subject to the exclusions in clause
12.14 below, if you are dissatisfied with the product you have purchased (but the product is not faulty as set out in clauses 12.1 - 12.12 above), you can exchange the product within and including 14 days from the original receipt of the item(s) ("the Camera House 14 day exchange policy") on the following terms:
(a) it is your responsibility to present the product with which you are dissatisfied to a Camera House Store within 14 days from your original receipt of the items;
(b) you must provide original tax invoice and photo identification to the nominated Camera House Store with the Product;
(c) you may exchange the product to the original tax invoice value of your goods purchased online;
(d) you may exchange the product once only;
(e) product may only be exchanged if you return all items, including the original packaging and any promotional items included with the product and all of the original components of the product have not been damaged in any way;
(f) in the event the Camera House store where you attempt to exchange the product determines that you have caused damage to the product, exchange can be refused at the discretion of any Camera House staff member.
12.14 Please note the following items are not returnable and/ or non-refundable:
(a) labour expenses;
(b) delivery expenses;
(c) pre-paid gift cards;
(d) digital content;
(e) any product that has been damaged or abused;
(f) any item with a missing component (for example, instruction manual, cables, software cd/dvd, charger, battery, warranty card, camera strap and any other components supplied by the manufacturer).
13. When a Replacement Product is arranged
13.1 A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
13.2 Subject to availability, the delivery time for the replacement product may be the same as stated for the original product.
13.3 Replacement products are provided with the same warranty as the original product.
14. When a Refund is arranged
14.1 Refunds include delivery and associated costs for the defective product.
14.2 No refund will be processed until we have received the product from you.
14.3 Refunds will only be issued to the same credit card or debit card used for the original purchase.
15. Proof of Purchase for a Warranty Claim
Be sure to keep your tax invoice as proof of purchase in case it is needed for a warranty claim. To request another copy please contact our customer service team via email and include your name and order number.
16. Warranty if an item is replaced
Please contact the manufacturer of your product for more information on their precise warranty terms and conditions.
17. Warranty transfer
Warranty is only valid with proof of purchase on the original goods which will be warranted by the manufacturer as long as it complies with all other terms and conditions. Warranty is NOT transferable.
18. Warranty Claims
18.1 Please contact the manufacturer for ALL warranty claims.
18.2 Warranty is valid within Australia only, however please contact the manufacturer in regards to international warranty.
18.3 For assistance with a warranty claim, please contact our customer service team via email.
19. Warranty Coverage
19.1 The majority of items sold are covered by a minimum 12 months manufacturers' warranty.
19.2 Manufacturers Warranty is valid within Australia only and commences from the purchase date on your invoice.
20. Hardware & Software - Exclusions and Limitations
20.1 We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic products.
20.2 In relation to any electronic media product, or any hardware product or computing or electronic part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from www.camerahouse.com.au.
20.3 Where an electronic product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the product.
20.4 Recovery and reinstallation of system and application software and user data are not covered under any warranty.
20.5 All software provided with products purchased on our website is subject to the terms and conditions of the license agreement relating to that software and by ordering the product you acknowledge your obligations to abide by such license agreements.
20.6 Further, you acknowledge that we do not warrant any software under these Terms and Conditions for Online Purchase in addition to any rights you may have under statute. All software is warranted in accordance with the license agreement that governs its use.
20.7 All rights, title or interest in respect of the intellectual property rights in the software remain with www.camerahouse.com.au or the licensor of the software at all times.
21. Our Liability
21.1 We shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
21.2 To the extent permitted by law and subject to clause 28 our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions for online purchase.
21.3 You agree to indemnify us and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct on your part or that of your employees, agents or sub-contractors or by any breach of your contractual obligations arising out of these Terms and Conditions for online purchase.
21.4 To the extent permitted by law, you agree that we will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered.
21.5 We shall not be liable to you for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of products or services, even if we have been advised of their possibility.
21.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us shall be subject to correction without any liability on the part of www.camerahouse.com.au
22. Your Personal Information
23. Credit Card Fraud
23.1 Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use BrainTree secure payment gatBrainTree, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
24.1 You are not permitted to assign any rights and obligations under these Terms and Conditions for online purchase, whether in whole or in part, without our prior written consent.
24.2 Any unauthorised assignment shall be deemed null and void.
24.3 If any provision of these Terms and Conditions for online purchase is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions for online purchase and the remainder of the provisions in question shall not be affected thereby.
24.4 No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
24.5 We reserve the right to change the Terms and Conditions for online purchase at any time.
24.6 No www.camerahouse.com.au employee or agent has the authority to vary the contract governing any sale.
24.7 The contract cannot be changed unless agreed to in writing or by e-mail.
24.8 These Terms and Conditions for online purchase shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
25. Force Majeure
We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of www.camerahouse.com.au and we shall be entitled to a reasonable extension of time for the performance of such obligations.
26. Promotional/Discount/Coupon Codes
26.1 Where applicable, Promotional/Discount/Coupon Codes ("the discount") generate a discount from your cart/ shopping basket value or add an incentive. To activate the discount simply enter a valid Code then click the 'Apply' button.
26.2 All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion.
26.3 Promotional Codes cannot be used in conjunction with any other offer or discount. If you are unable to use a Promotional Code, please contact our customer service team.
27. Online Prints & Photo Products
We use FujiFilm Australia Pty Limited for all photo prints and gifts. Any order for online prints and phtos will be subject to the Purchase Order Terms of FujiFilm Australia.
28. Australian Consumer Law
28.1 We make no express warranties under these Terms and Conditions for online purchase. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to you in relation to goods supplied. You must address any issues relating to a manufacturer's warranty with the manufacturer on the terms of that warranty.
28.2 Pursuant to clause 12, you must notify us if a product is defective. The provisions of this clause 28.2 do not constitute a warranty in relation to the quality or fitness of the goods, or require us to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).
28.3 The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these online Terms and Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these online Terms and Conditions and in the Australian Consumer Law, we make no warranties or other representations to you under these online Terms and Conditions. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
28.4 Without limiting clause 28.3, where we sell goods to you, and you purchase them as a Consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. Your rights as a Consumer include those set out in clause 28.5 below.
28.5 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. 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.
28.6 To the extent permitted by statute, our liability, if any, arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at our option be limited to:
(a) the replacement of the goods or resupply of the goods, or the cost of replacement or resupply of the goods; or
(b) the repair of the goods, or the cost of repair of the goods.
28.7 Subject to clause 21.3, we shall not in any circumstances be liable to you under or in connection with these Terms and Conditions, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission.
28.8 We make no express warranties in relation to the suitability for any purpose of goods or materials supplied to you.
28.9 To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by the Seller, the manufacturer or a third party) and any obligation to repair or replace any goods are void in respect of any goods which you tamper with or alter.
28.10 For the purposes of this clause, "Australian Consumer Law" means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.
Better Pictures Guarantee
Camera House Better Pictures Guarantee is available with every camera purchase equal to or over $199 at the advertised price. It includes a $200 Print Voucher (20 6x4" prints & 5 6x8" prints to be redeemed each month for 12 months. The $200 print voucher's pricing structure has been based on the Camera Houseprinting recommended retail price. 4x6" 19c each, total RRP for 20 $3.80, for 12 months $45.60. 6x8" $2.95 each, total RRP for 5 is $14.75, for 12 months $177. Grand Total RRP $222.60.In store prices may vary across the Camera House group due to market price erosion), E-Learning Course (RRP $39.95), VIP membership (RRP $20) and the Camera House 14 Day Exchange Guarantee.
Camera House 14 Day Exchange Policy
At Camera House our goal is to ensure your complete satisfaction with your purchase. If you are dissatisfied with your camera purchase , you can exchange your camera (excluding special orders & exclusing drones) to the original Camera House store of purchase (incl. online) within and including 14 days from original receipt of item(s).
Camera House 14 day exchange policy is available on all camera purchases from a Camera House store (incl. online). Please provide original receipt as well as photo identification for all exchanges, and warranty repair services. You have the option of exchanging the item(s) to the original receipt value of your goods purchased at a Camera House store (incl. online). Customer can exchange the camera at the original store of purchase (incl. online) on one occasion.
Cameras may only be exchanged if the camera is returned in its original condition including box, instruction manual, cables, software CD/DVD, charger, battery, warranty card, camera strap, camera and any other components specific to that manufacturer. Original components must include all related packaging material including cardboard, and plastic wrapping. All components must not have scratches, dents, fingerprints or any sign of damage. If there is a defect to your good please specify at time of exchange. Camera House is not responsible for any personal data or items left in exchanged goods.
If the customer causes damage to the camera the Camera House staff member at their discretion may refuse the exchange. Any cosmetic or physical damage including scratches or dents in the camera casing, LCD screen, lens, effects of water, sand or dust is therefore not covered by the guarantee.
Camera House from time to time offer manufacturer and Camera House specific promotional bundles and items with your good(s) purchase. Promotional bundle or items must be returned with the original purchased item.
Non returnable items include labour, delivery, pre paid cards, digital content, items damaged or abused, items that are missing accessories including: instruction manual, cables, software CD/DVD, charger, battery, warranty card, camera strap, camera and any other components specific to that manufacturer.
Camera House Online Gallery - Camera House Facebook "Photo Friday" Competition Terms and Conditions
In these terms and conditions ("Terms and Conditions"), "we", "our" or "us" means Camera House (The Promoter), a division of Raleru Limited (ABN 52 002 575 340) ("Raleru Limited").Information on how to enter the Camera House Photo Friday Promotion "the Promotion" and prizes form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
- Entry in the Facebook Photo Friday Promotion is open to Australian residentsexceptemployees of Raleru Limited and Members (franchisees) of Raleru Limited including their families, agents and anyone else connected with the Facebook Photo Friday promotion
- The major prize/s each week is communicated withinthe Camera House Photo Friday Facebook app http://apps.facebook.com/photo-friday/
- Competition Winners will be judged every Friday morning at 8:30amat Camera House Head Office. The winner's photo and name will be announced on http://www.facebook.com/camerahouseaust at10am each Friday.
- To enter the Promotion Eligible Entrants must, during the Promotional Period, submit a photograph taken by them to the "Camera House Photo Friday" application on the Facebook Platform (http://apps.facebook.com/photo-friday/) ("Promotional Website"), which is only visible if the entrant is a fan of the Camera House Facebook page. Entrants can also find the application on the "Photo Friday" tab on the Camera House Australia Page on Facebook http://www.facebook.com/camerahouseaust). Entrants can become a fan by clicking the "like" button at the top of the Facebook page. It is each entrant's responsibility to adhere to the requirements of the Terms and Conditions, the prevailing terms and conditions of the Facebook and the Promoter's websites respectively and the Promoter will take no responsibility for any entry or photograph that has been uploaded incorrectly.
- The Facebook Photo Friday promotion commences at 12 midday each Friday from the 14th January 2011 and closes at 12 midnight each Thursday. The Facebook Photo Friday is a Camera House competition specifically on Facebook ("http://www.facebook.com/camerahouseaust")
- Eligible Entrants may only enter two photographs in each weekly promotion. The photograph must be a photo that depicts the current weekly theme. Each theme will be announced when the competition opens each week (http://apps.facebook.com/photo-friday/)
- The photos you submit must be a .jpg, .bmp, .tiff, .psd, .png, & .gif format no more than 4 MB in size.
- Chance plays no part in determining the winner. Entries will be judged in regard to photographic skill and composition by Camera House Head Office Judges("the Judges").
- Winners will be notified by telephone/ e-mail/ Facebook announcement. The Promoter reserves the right to publish the Winner's name and photograph.
- If you win, you must claim yourpricewithin 21 days after we have notified you. We will send your prize to you within 28 working days after you have claimed the prize.
- TheJudgesdecision is final and no correspondence will be entered into.
- The Winneracknowledgethat the Promoter has the right to display and use their winning photographs for reasonable use within Camera House marketing, the winner will be informed and appropriately acknowledged..
- Each Eligible Entrant warrants to the Promoter that: (a) their photograph was taken by them and that it does not infringe the rights of any third party, including but not limited to, copyright,trade marks, trade secrets, privacy, publicity, personal or proprietary rights; and (b) he or she has obtained the consent of any recognisable person or persons who are the subject of photograph to submit the photograph and for it to be used as outlined in these terms and conditions. Each Eligible Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from their breach of these warranties. Eligible Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
- Incomplete, indecipherable, or illegible entries will be deemed invalid. The Promoter reserves the right to disqualify any entry where it reasonably suspects that such materials are prohibited by these Terms and Conditions, any relevant law, or are otherwise deemed inappropriate. This is at the Promoter's absolute discretion and discussions will not be entered into. Images that are considered unlawful or contain objectionable content, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, contain nudity or otherwise objectionable will not be acceptable and deemed invalid.
- If the Prize (or part of the Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification.
- The Prize is not transferable or exchangeable and cannot be taken as cash.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to (a) disqualify any Eligible Entrant or voter; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
- Any cost associated with accessing the Promotional Website is the entrant's or voter's responsibility and is dependent on the Internet service provider used.
- The use of any automated entry software or any other mechanical or electronic means that allows an entrant or voter to automatically enter repeatedly is prohibited and will render all entries or votes submitted by that entrant or voter invalid. The Promoter reserves the right to determine this in its absolute discretion.
- The Promoter collects personal information in order to notify the winners
- Unfortunatelyno data transmission over the Internet can be guaranteed as totally secure. Whilst we endeavour to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk,howeveronce we receive your transmission, we will take reasonable steps to preserve the security of such information.
- The Terms and Conditions, and the use of the Site and any contentsthereof,are in all respects governed by and according to the laws of the State of New South Wales, Australia. By using the Site, you irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site or any material contained therein, or accessed thereby.
The following provisions represent Your Rental Terms with The Polygon Group Pty Ltd ABN 98 066 641 325 of 12 Wilton Avenue, Somerton Park SA 5044, trading as Studio 19 Rentals ,Telephone: 1300 889 560 Facsimile: 1300 361 137, Email: firstname.lastname@example.org Australian Credit License No. 412456.
They contain various authorities, consents and acknowledgements on your part arising on your submitting a Rental Application (as defined in Clause 19 of the General Rental Conditions below) to Studio 19 Rentals, together with other terms and conditions that will form part of your Rental Agreement if the Application is accepted.
Privacy Authorities, Consents and Acknowledgements
In submitting a Rental Application to Studio 19 Rentals:
1. You consent to Studio 19 Rentals conducting a credit assessment of you and to using any information that Studio 19 Rentals is permitted to use by law to establish your creditworthiness.
2. You consent to Studio 19 Rentals disclosing your Personal Information (within the meaning of the Privacy Act 1988 - Cth)("the Act") to a credit reporting agency for the following purposes:
(a) To obtain a consumer credit report about you if you have applied for consumer or commercial credit; and
(b) To allow the credit reporting agency to create or maintain a credit information file containing information about you.
3. You acknowledge that the type of information that Studio 19 Rentals may disclose about you is limited to:
(a) Your identity particulars;
(b) The fact that you have applied for credit and are seeking to enter into a Rental Agreement with Studio 19 Rentals;
(c) Information on the amount of credit that you have applied for;
(d) If applicable, the fact that Studio 19 Rentals is a current credit provider to you;
(e) Any payments overdue for more than 60 days that Studio 19 Rentals has taken steps to recover;
(f) Information that payments are no longer overdue;
(g) Information that credit provided to you has been discharged;
(h) Information that in Studio 19 Rentals' opinion you have committed a serious credit infringement; and
(i) Dishonoured payments - if a cheque or direct debit payment from you for any regular payment due to Studio 19 Rentals or
otherwise for more than $50 has been dishonoured more than twice.
4. You acknowledge that this information may be given before, during or after the provision of credit to you.
5. Where you are applying for consumer credit, you also agree that Studio 19 Rentals may obtain information about you from a business
which provides information about the commercial creditworthiness of persons for the purposes of assessing your application. Where
you are applying for commercial credit, you agree that Studio 19 Rentals may obtain a consumer credit report from a credit reporting
agency containing information about you for the purpose of assessing your application.
6. You agree that Studio 19 Rentals may exchange permitted credit information about you with other credit providers, to assess your
credit worthiness and in circumstances of default (either with us or with another credit provider).
7. You consent to use and disclosure of your Personal Information as outlined above (whether the information was acquired when the
Rental Application was submitted or is acquired by Studio 19 Rentals over the course of dealing with your Application or your
account or credit arrangements with Studio 19 Rentals) to the full extent allowed, without any further reference to you.
Other privacy issues relevant to your personal information
Studio 19 Rentals is also required to observe the National Privacy Principles prescribed by the Act ("NPP's") in dealing with your
personal information and by submitting the Application you acknowledge the following privacy issues arising from these Principles:
• That Studio 19 Rentals needs to know the personal details requested from you at the time of completing your Application in order to
assess the Application, to contact you in relation to any matters arising from it or the Rental Agreement formed on its acceptance and
to identify you if you contact Studio 19 Rentals. This information will be reflected in the "Your Details" section of the Rental
Schedule that you will receive as confirmation of the details provided in completing the Application.
• That to process the Application, Studio 19 Rentals needs the information associated with the Payment Option that you have selected
when completing your Application. If you have selected the option for debiting a credit card account, Studio 19 Rentals needs to
know your credit card account number, the type, the financial institution that it is held with, the expiry date and the name appearing
on the card. Alternatively, if you have selected the Direct Debit option, in addition to your name and address, Studio 19 Rentals
needs to know the details of the financial institution at which your account is held, the account name and its identifying BSB and
account numbers. This information will be reflected in the Payment section of the Rental Schedule.
• That if you chose not to provide all or any part of the information requested for the purposes of completing an Application, Studio 19
Rentals would be unable to accept the Application.
• That in additional to receiving the Rental Schedule as confirmation of the personal information that you have provided in your
Application, you can at any time access most of the information that Studio 19 Rentals has collected about you in the course of
processing your Application or dealing with your account, for example to up-date your details but security procedures may require
proof of identity before you are given access; if there is any reason for not giving you access, you will be told why.
• That Studio 19 Rentals may disclose information that it has collected from you to its associated companies (within the meaning of the
Corporations Act), State representatives, and agents for the purposes of providing the services necessary to process the Application
and to administer your Rental Agreement (including for marketing purposes if permitted by you when completing the Application),
its computer support service providers to the extent necessary for such services, to its courier or delivery agents to the extent
necessary to enable delivery or collection of an Item, to its repairers to the extent necessary to identify you and the Item if carrying
out repairs or maintenance, its Bankers if and to the extent necessary to process or otherwise act on your selected Payment Option or
for audit purposes and to its solicitors or mercantile agents if and to the extent necessary to enable Studio 19 Rentals to exercise any
of its rights under the Agreement following a breach on your part or for any other reason required by law. While Studio 19 Rentals
may provide commercial information relating to its business (e.g. customer statistics and rental patterns) to other 3rd parties, no
information will be disclosed that may personally identify you and Studio 19 Rentals does not under any circumstances sell, trade or
rent personal information to others. The only exception to this would be in the case of a transmission of the Studio 19 Rentals
business, including an assignment of rights under Clause 15 of the General Rental Conditions.
• That Studio 19 Rentals or its authorized agent may discuss your account with your spouse/partner and if we have not been able to
contact you after taking reasonable steps to do so, with any named referee.
• That if an Application is not accepted the information collected from you will be permanently deleted.
Studio 19 Rentals is a trading name of The Polygon Group Pty Ltd ABN 98 066 641 325 and more information about your privacy rights
is available on the Polygon Group website (www.polygongroup.com.au), or by calling1300 889 560 or by writing to the Privacy Officer,
Studio 19 Rentals 12 Wilton Ave Somerton Park, SA, 5044. or by email to email@example.com.
Change or alteration to privacy considerations
The above privacy considerations should be read in conjunction with the Studio 19 Rentals Privacy Disclosure Statement (and applicable
the current details about our information collection and handling practices or call Studio 19 Rentals on 1300 889 560 to arrange for the
current details to be sent to you. By doing so you will always be aware of what information Studio 19 Rentals requires, how it is used
and in what circumstances it may be disclosed.
General Rental Conditions
In submitting the Application you agree that the terms and conditions set out below will apply to the rental of the Item:-
Nature of the Agreement
1. The Agreement arising from Studio 19 Rentals accepting the offer constituted by your Application is a Rental Agreement and is not to
be taken to constitute a Hire Purchase Agreement or an agreement for sale of goods by instalment within the meaning of any legislation
dealing with such arrangements.
Acceptance of your offer to rent and cooling-off
2. (a) Your offer to rent made by submitting the Application is expressly subject to acceptance by Studio 19 Rentals. You agree that
acceptance is sufficiently evidenced by electronic message back to your Studio19 Dealer to that effect or by email to your nominated
email address. However if at any time Studio 19 Rentals ascertains that any of the information that you have provided in the Application
is false, then notwithstanding prior acceptance of your offer and the formation of a Rental Agreement, Studio 19 Rentals may at its
option immediately terminate the Rental Agreement by notice to you and recover by way of liquidated damages and exercise rights of
repossession in the same terms as provided by Clause 7.
(b) Notwithstanding such acceptance the Rental Agreement shall not be regarded as complete and binding on you until you have taken
possession or delivery of the Item. At any time prior to doing so, you may notify Studio 19 Rentals that you wish to cancel the
Agreement, in which case you will not be under any further obligation (except for payment of any delivery charge incurred before
receipt of your notification) and any monies paid will be refunded (less any such delivery charge).
Collection or Delivery of the Item and commencement of Your Rental Period
3. (a) Your Rental Period starts either on the date that the Item is collected by you from your Studio 19 Rentals Dealer or the Item is
dispatched for delivery (whichever is applicable in the circumstances). While best endeavours are used to ensure the Item will be
promptly dispatched for delivery or made available for collection as soon as possible (as the case may be), Studio 19 Rentals is not
responsible for any delays.
(b) In any case where given the nature of the Item, you are required to make separate arrangements with a Dealer (or other 3rd party) for
its delivery and installation/set up, the associated costs are in addition to any payments that you are required to make to Studio 19
Rentals and will be charged to you separately by the Dealer (or other 3rd party). However, notwithstanding that a Rental Agreement may
otherwise have come into existence, if you do not accept the applicable delivery and installation/set up costs, you may nonetheless cancel
the Agreement by notifying Studio 19 Rentals as soon as possible by any means set out in Clause 12(c). Failure to promptly do so may
result in your being taken to have waived such right of cancellation or you may be required to reimburse Studio 19 Rentals for any costs
or expenses it has incurred as a result. Where such separate arrangements apply, this will be stated as part of the information provided to
you when completing the Application.
4. (a) Throughout the Rental Period as each payment falls due you are required to pay the monthly rental charge as advised by your
Studio 19 Rentals Dealer at the time of submitting your Application (as also stated in the ACCOUNT STATEMENT and Rental
Schedule that you will receive after entering into the Rental Agreement) in accordance with your selected Payment Option or by such
other means expressly agreed in writing with Studio 19 Rentals (subject however to Clause 4(b)), together with any other charges that
you have accepted when submitting the Application or that you may otherwise become liable for under the Rental Agreement on any
(b) Monthly rental charges are payable in advance by means of your selected Payment Option, the first being payable no earlier than the
start of your Rental Period and then on the corresponding day of each subsequent month. (Please note, while payments will generally be
debited or charged to your nominated account on the due date, for administrative reasons, there may be occasions where a payment may
not be processed until a few days after the due date. In particular debiting of the first payment will be subject to Studio 19 Rentals having
first received all required paperwork from its Dealer). Monthly rental charges are debited or charged on the basis of a full month's rental
with no pro rata adjustment for shorter periods, so to end the Agreement (see Clause 9 and the ACCOUNT STATEMENT) and avoid
further charges, the Item must be returned to Studio 19 Rentals (including by any arrangement made with you for collection by its agent
or contractor or return to an authorized collection point) before the next payment is due. Your liability for rental continues until the Item
is received by Studio 19 Rentals.
Maintenance and Repair & Responsibility for Loss
5. (a) THIS PROVISION IS PARTICULARLY IMPORTANT. You must keep the Item in good order and repair; subject only
to Clause 5(b) and (c), you are liable for loss of, or destruction or damage to the Item however caused (including but not limited
to theft, fire or loss or damage in transit if you are not returning the Item personally to Studio 19 Rentals, [which also means
collection by its agent or contractor or return to an authorized collection point]) and for any consequential loss or damage
caused by the Item and all costs associated with its replacement in the case of loss or destruction or the cost of repairing any
damage, which may be the replacement cost where Studio 19 Rentals considers it cannot be adequately repaired AND YOU
ACKNOWLEDGE THAT IT IS ENTIRELY YOUR RESPONSIBILITY TO INSURE AGAINST SUCH RISKS AS YOU MAY
SEE FIT; you must give Studio 19 Rentals written notice of any such event within 72 hours and provide such details and take
any further steps in relation to the event as Studio 19 Rentals may require.
(b) Optional Protection Plan - If the Item is lost or damaged due to theft or fire or is accidentally damaged (damage in this Clause also
including total destruction of the Item) or damaged by a third party and if available on your selected Item, you elect to take the
Protection Plan (at the additional monthly fee) offered by Studio 19 Rentals as part of your Application and Studio 19 Rentals accepts
that the loss or damage did not arise due to any deliberate or intentional act, neglect, lack of reasonable care or proper supervision on
your part, the general liability otherwise set out in Clause 5 (a) will not apply and at Studio 19 Rentals' discretion the Item will either be
replaced (with one of at least equivalent standard) or repaired at Studio 19 Rentals' cost; this provision applies Australia wide, (Please
refer to the definition of "theft" and what represents neglect, lack of reasonable care or proper supervision - see Clause 19). If you elect
to take the Protection Plan, the monthly fee will be payable at the same time and in the same manner the monthly rental charge.
(c) Unless you are in default, Studio 19 Rentals will carry out at its cost such maintenance and repairs (excluding any case repairs) that
may be required due to normal use to the extent it considers necessary to keep the Item in proper working order or if Studio 19 Rentals
considers it necessary, it will replace the Item; normal use is determined by Studio 19 Rentals but does not include defects due to misuse
or negligence on your part or the part of any person you permit (without Studio 19 Rentals' consent) to carry out any maintenance or
repairs; also Studio 19 Rentals' obligations here do not extend any of the matters set out in the "Exclusions" appearing at the end of these
General Rental Conditions.
(d) If the Item needs repair or maintenance or is being replaced, no abatement of rental charges or suspension of the Rental Period
applies while the necessary work is being performed or until you receive the replacement. If replacing an Item, Studio 19 Rentals will
endeavour to do so as soon as possible but will not be responsible for any delay.
(e) If the Item requires repair, or maintenance, unless otherwise agreed, depending on the nature of the Item, Studio 19 Rentals will
either arrange for a technician to attend where the Item is installed to carry out the necessary work or direct you to take it to an
authorised repairer in which case you will be required to also arrange for collection of the Item on completion of the work.
(f) If you become liable to pay for the replacement cost of the Item pursuant to Clause 5(a), that cost will be determined in the same
manner as fair value is determined for the purposes of Clause 10 as at the date of the relevant event and the Rental Agreement will be
regarded as terminated from that date but so as not to affect your liability to pay the replacement cost in full, together with any other
monies that may be owing on any account under the Rental Agreement or by virtue of the indemnity in Clause 6. A certificate signed by
an authorized officer of Studio 19 Rentals as to the replacement cost will be conclusive evidence for all purposes.
6. Unless otherwise provided by the Rental Agreement or by law, you must indemnify Studio 19 Rentals and keep it indemnified,
together with its employees and agents against all loss, damage, injury, costs, claims, demands and expenses (including legal costs) of
any nature that it may incur or be liable for due to your using the Item or breaching the Rental Agreement.
Default & Remedies for Default
7. (a) You are in default if you fail to pay any monies that you are required to pay under the Rental Agreement, including taking any
action that may prevent Studio 19 Rentals debiting or charging such monies against the account you have nominated for payment
purposes (unless expressly agreed with Studio 19 Rentals beforehand), or if you commit any other breach of the Rental Agreement.
(b) If default is not rectified within 30 days of Studio 19 Rentals' written notice outlining the default and requiring you to do so (if
capable of being rectified) and stating its intention to either repossess the Item and/or seek to recover damages from you if not rectified,
Studio 19 Rentals is entitled to proceed accordingly and immediately regard this Rental Agreement as terminated (without affecting any
of its other rights under the Agreement, which will continue to subsist or its rights at law) and to take action to repossess the Item and/or
recover from you as liquidated damages a sum equal to:
• all monies due to Studio 19 Rentals up to the termination date and any rental charges payable for the unexpired portion of any
minimum rental period applicable to the Rental Agreement; plus
• if the Item is not returned to or recovered by Studio 19 Rentals (including in any case where at its discretion it chooses not to seek
recovery of the Item), an amount equal to its fair value (as determined below - see Clause 10) at the date of termination; or
• if the Item is returned or recovered the reasonable cost of any repairs required to restore the Item to the same condition it was in at
the start of the Rental Period (fair wear and tear excepted and subject also to Studio 19 Rentals' obligations under Clause 5(c)) or the
fair value, whichever is less; plus
• all expenses actually incurred by Studio 19 Rentals to repossess or attempt to repossess the Item or enforce or attempt to enforce its
rights under the Rental Agreement (subject to any legal rule to the contrary)
PROVIDED that for the purposes of retaking possession, Studio 19 Rentals or its agent shall first be required to obtain all necessary
occupier consents as prescribed by law before entering into any premises. A certificate signed by an authorized officer of Studio 19
Rentals as to fair value for the purposes of this Clause will be conclusive evidence for all purposes.
(c) Without limiting the general effect of Clause 7(b), you are liable to pay all costs incurred by Studio 19 Rentals in seeking to recover
overdue or unpaid monies including (but not limited to) legal and administrative costs and any costs payable to a debt recovery agent
(unless not permitted by law).
(d) Each default arising from a failure to pay any monies that you are required to pay under the Rental Agreement by the due date, will
also incur an administration default fee of $11.00 (this may be subject to variation from time to time).
Ownership & Use
8. The Item remains the absolute property of Studio 19 Rentals. Nothing in the Rental Agreement confers any right, title or interest on
you other than as a hirer of goods. You will at all times hold the Item for and on behalf of Studio 19 Rentals as a bailee only and must
not take or purport to take any action by which it may be sold, offered for sale, assigned, pledged, hired, leased, pawned or similarly
dealt with to the prejudice of Studio 19 Rentals' interests. You must also not do or permit anything to be done that may result in any
charge, lien or security interest being created in respect of the Item or allow it to be taken out of your direct control and must
immediately advise Studio 19 Rentals if any third party seizes the Item or attempts to do so.
Duration of the Rental Period
9. (a) Subject to Clause 5 (f), after your Rental Period starts, it will continue indefinitely until ended either by you (see Clause 9(b)) or by
Studio 19 Rentals or the Item is sold to you pursuant to Clause 10.
(b) You may end the Rental Agreement at any time. To do so you must return the Item to Studio 19 Rentals, in the same condition it was
in at the start of the Rental Period (subject to fair wear and tear and Studio 19 Rentals' obligations under Clause 5(c)) and by paying any
outstanding rental charges and other monies due under the Agreement up to its end and where necessary the reasonable cost of repairs to
restore the Item to such condition provided that if you end the Agreement before the end of any minimum rental period applicable to the
Rental Agreement you will be liable to pay rental charges for the unexpired portion of the minimum rental period (except if the Item is
being sold to you pursuant to Clause 10). The end date of the Agreement is when the Item is actually returned to Studio 19 Rentals. The
Item is to be returned in accordance with Studio 19 Rentals' instructions as set out in the ACCOUNT STATEMENT or as given by
contacting Studio 19 Rentals on 1300 889 560. Depending on your location, where reasonably practical you will be directed to Studio 19
Rentals' nearest collection point or Studio 19 Rentals will make arrangements with you for collection of the Item by its agent or
contractor at your cost (as advised when contacting Studio 19 Rentals).
(c) The Rental Agreement may be ended by Studio 19 Rentals as provided in Clause 7.
(d) Ending of the Rental Agreement does not affect your liability to pay any rental charge falling due prior to that time notwithstanding
that portion relates to a period after its ending (that is there is no pro rata adjustment in the rental charge) or any other monies that you
are liable to pay under the Agreement.
Request to Purchase
10. While the Agreement is a rental agreement and does not provide any right to purchase, at any time during the Rental Period Studio
19 Rentals may, on receiving a request from you to purchase the Item, offer to sell it to you (but without being under any obligation to do
so) at what Studio 19 Rentals considers to be a fair value at the time of receiving your request, having regard to the length of the Rental
Period to that point and in line with advised price guides (refer to the ACCOUNT STATEMENT). For more details on current pricing
please contact Studio 19 Rentals on 1300 889 560 or by email on firstname.lastname@example.org
11.Change of Address: You must notify Studio 19 Rentals at once if your address changes including any given email address.
12 (a). Notices and giving documents electronically to you: In submitting your Application you consented to Studio 19 Rentals giving
you documents by means of electronic communication sent to your electronic address contained in the Application (or to such other
electronic address that you may provide during the Rental Period for such purposes) and in doing so you have acknowledged that ●
paper documents may no longer be given ● you must regularly check electronic communications for documents ● you may withdraw
consent to the giving of documents by electronic communication at any time. Documents sent by email will be deemed to have been
received on the date sent.
12 (b). Notices and giving documents to you by non-electronic means: If you withdraw your consent at any time during the Rental
Period to receiving documents as provided in Clause 12 (a) or if Studio 19 Rentals nevertheless chooses to provide you with any paper
document for the purposes of the Rental Agreement, a notice or document will still be sufficiently given to you if sent to you by post at
your last known residential address, which will be deemed to have been received 48 hours after sending by pre-paid post.
12 (c). Notices and giving documents to Studio 19 Rentals: A notice will be sufficiently given by you to Studio 19 Rentals if sent by prepaid
post addressed to Studio 19 Rentals at 12 Wilton Ave Somerton Park SA 5044 and will be deemed to have been received 48 hours
after posting or by facsimile to Studio 19 Rentals' facsimile machine number 1300 361 137, which will be deemed to have been received
on the date of transmission or by email to email@example.com, which will be deemed to have been received on the date sent.
12(d). Notices given in writing: All notices of any kind to be given under the Rental Agreement must be in writing (whether by letter,
facsimile or email).
13. Jurisdiction: Notwithstanding any implication of law to the contrary, the Rental Agreement will be deemed to be made in South
Australia and will be construed in accordance with and be enforceable in accordance with the laws of South Australia and you expressly
agree, along with Studio 19 Rentals to submit to the jurisdiction of the Courts of that State in respect of all matters arising under or
relating to the Agreement.
14. Severance: If any provision of the Agreement is or at any time becomes void or unenforceable or is found to infringe any State or
Federal law (whether existing or coming into effect during the Rental Period) the remaining provisions will continue in full force and
effect; where the circumstances permit the provision in question will immediately be severed and replaced with a lawful and enforceable
provision which so far as possible achieves the same economic benefit or burden or other effect for you and Studio 19 Rentals as the
severed provision was intended to achieve.
15. Assignment of Rights: Studio 19 Rentals may at any time during the Rental Period assign or transfer its rights and obligations under
the Rental Agreement to any other corporation or person without notice to you.
16. Waiver of Rights: Any concession given to you does not affect Studio 19 Rentals' rights under the Agreement and waiver of a
particular breach is not to be taken as a waiver of any further or continuing breach and the ending of the Rental Agreement does not
affect Studio 19 Rentals' entitlement to recover any monies due to the end date or damages for any breach.
17. Entire Agreement: The Rental Agreement represents Studio 19 Rentals' entire agreement with you regarding the rental of the Item;
any prior terms or understandings are hereby cancelled or replaced.
18. Stamp Duty & GST: The rental charge is exclusive of any stamp duty, which will be borne by Studio 19 Rentals. Otherwise each
amount, however described, expressed as payable by you to Studio 19 Rentals under the Agreement (including Clause 10) is inclusive of
GST; if the GST rate increases during the Rental Period Studio 19 Rentals reserves the right to adjust such amounts as required to ensure
that it achieves the same economic benefit after the increase as before.
19. General Definitions & Interpretation: In the Rental Agreement, unless the contrary intention appears or the context otherwise
requires or admits:- "ACCOUNT STATEMENT" means the statement issued you by Studio 19 Rentals after entering into your Rental
Agreement, stating the make, model, serial no. of the Item, rental and other charges, the Rental Period start date, any applicable
minimum rental period and procedures for returning the Item; "Agreement" or "Rental Agreement" means and is comprised of this
document and any terms and conditions that were acknowledged or agreed when signing your Agreement, plus the Rental Schedule and
ACCOUNT STATEMENT; "Application" or "Rental Application" means the application which you completed and submitted
through your selected Studio 19 Rentals Dealer for rental of the Item on the basis of the various consents, authorities, acknowledgements
and terms and conditions contained in this document; "GST" means the tax payable under the GST law defined in A New Tax System
(Goods and Services Tax) Act 1999 as amended; "Item" means the goods or product nominated in your Application (and which will be
confirmed in the Rental Schedule and in the ACCOUNT STATEMENT) or any replacement issued pursuant to the Agreement;
"Payment Option" means the payment option you selected in your Application (and which will be confirmed in the Rental Schedule);
"Rental Schedule" means the document that you will receive after your Application is accepted confirming the information submitted in
your Application and any terms and conditions that were acknowledged or agreed when signing your Application; "Sign" or "Signing"
in relation to your Application means providing your Studio 19 Rentals Dealer with the customer reference code which you received
from Studio 19 Rentals by SME or by phoning after submitting your Application; "Theft" means unlawfully taking the Item from your
personal possession or control, including by breaking into premises but does not extend to loss in the course of post or freight in delivery
or return from a repairer or delivery to Studio 19 Rentals without evidence of posting or a courier/freight receipt; "You" or "Your"
refers to the person named as hirer in the Application; reference to "Studio 19 Rentals" means The Polygon Group Pty Ltd ACN 066 641
325 trading as Studio 19 Rentals and includes its employees, agents or representatives; If you let someone else use the Item, anything
done by them or occurring while the Item is in their possession or control is taken to have been done by you as the hirer or occurred
while in your possession or control; for the purposes of Clause 5 (b) without limiting situations where Studio 19 Rentals may decide that
theft is due to neglect, lack of reasonable care or proper supervision, loss of the Item if left unattended in any public area (such as on
public transport) or an open area (such as a home carport, unlocked garage or vehicle) will be taken as occurring in such circumstances.
20. Variation: Except for Clause 18 (where no consent is required) or if otherwise required by law, Studio 19 Rentals may at any time
vary the Agreement with your consent, which will be assumed if you allow a rental payment to be made after having been given at least
14 days prior notice of the proposed variation.
20A. 3rd Parties: If any 3rd party information is given in your Application, you declare that you have their consent to provide the
information or are otherwise authorised or entitled to do so. In addition, by submitting the Application, you agree that Studio 19 Rentals,
or its authorised agent, may contact any employer or referee named in the Application to verify the information you have given in the
Application and that Studio 19 Rentals or its authorised agent may discuss your account with your spouse/partner named in the
Application and if Studio 19 Rentals is unable to contact you after taking reasonable steps to do so, with any named referee.
Special Provisions - the Personal Property Securities Act 2009 (C'th)
21. Special provisions to prevail: These special provisions set out Studio 19 Rentals' rights as provided under the Personal Property
Securities Act 2009 (C'th) and to the extent of any inconsistency between these special provisions and the other terms and conditions
contained in the Agreement the special provisions will prevail to the extent of the inconsistency
22. Definitions and Interpretation: In these special provisions the following terms shall have the following meanings unless the contrary
intention appears:- "attach" or "attaches" has the same meaning as given in the PPSA; "PMSI" means a purchase money security
interest" as that phrase is defined in the PPSA; "PPSA" means the Personal Property Securities Act 2009 (C'th) and any regulations
made under it and "PPSR" means the register under the PPSA; "Security Agreement" has the same meaning as in the PPSA and
"Security interest" has the same meaning as in the PPSA and also includes an indemnity.
23. Registration: On accepting your Application Studio 19 Rentals may register the Item on the PPSR without notice to you.
24. Discharge: In the event of your coming to purchase the Item following receipt of the purchase price if Studio 19 Rentals has
registered a security interest in respect of the Item on the PPSR, it will within the time specified by the PPSA or if no time is specified as
soon as practical take such steps as required under the PPSA to discharge the security interest.
25. Your agreements concerning the PPSA: You acknowledge and agree with Studio 19 Rentals that:-
(a) Security interests/agreements and PPSA notices: The Agreement is a security agreement and you grant a security interest to Studio 19
Rentals under the Agreement and you will provide all information and execute all documents necessary for Studio 19 Rentals to register
and perfect a security interest in respect of the Item and to the extent allowed by the PPSA you waive your right to receive any notice
under the PPSA (including notice of a verification statement - see section157 after registration or variation of a registration).
(b) Title in the Item: Legal and beneficial title in and to the Item will be retained by Studio 19 Rentals and it will have a security interest
in the Item under the PPSA securing to it all monies becoming owing to it on account of the Item if lost, damaged or otherwise dealt with
adversely to its interests until Studio 19 Rentals regains possession of the Item or all monies which may at any time be or become owing
by you to Studio 19 Rentals on any account in respect of the Item are paid in full. The security interest in the Item attaches to it when
you obtain possession.
(c) No later attachment: There has been no agreement between you and Studio 19 Rentals that any security interest should attach at any
later time than as stated in the Agreement.
(d) PMSI: Studio 19 Rentals' security interest in the Item (and all monies becoming owing in respect of the same) will be a PMSI to the
extent it secures payment of amounts owing in relation to the Item.
(e) Adverse interests: You will not grant a security interest in the Item adverse to Studio 19 Rentals' security interest in the Item.
(f) Application of monies: Studio 19 Rentals may apply any monies received from you first to satisfy any portion of unsecured debt,
second to satisfy any portion of secured debt but not by a PMSI and third to satisfy any portion of debt secured by a PMSI, or otherwise
as it sees fit.
(g) Costs and Expenses: You will pay Studio 19 Rentals' costs and expenses incurred to enforce any security interest arising under the
26. PPSA - Excluded Provisions: Without limiting the foregoing special provisions if Chapter 4 of the PPSA would otherwise apply to
enforcement of a security interest arising from the Agreement it is mutually agreed to the extent that:
(a) section 115(1) of the PPSA allows, the following will not apply to enforcement of that security interest where relevant to the
Agreement: section 121(4)(enforcement of liquid assets-notice to grantor, as that term is defined in the PPSA)● section 125
(obligation to dispose of or retain collateral, as that term is defined in the PPSA) ● section 130 (notice of disposal), to the extent it
requires Studio 19 Rentals to give you a notice ● section 132 (3)(d) (contents of statement of account after disposal) ● section
132(4) (statement of account if no disposal) ● section 142 (redemption of collateral) ● section143 (reinstatement of security
(b) section 115(7) of the PPSA allows, the following will not apply to enforcement of that security interest: section 127 (seizure by
higher priority parties - notice) ● section 129(2) and (3) (disposal by purchase) ● section 132 (secured party - as that term is
defined in the PPSA - to give statement of account) ● section 134 (2) (proposal of secured party to retain collateral) ● section 135
(notice of retention of collateral) ● section 136 (3), (4) and (5) (retaining collateral free of interest) ● section 137 (persons entitled
to notice may object to proposal).
27. PPSA Notices: Notwithstanding any provision otherwise contained in the Agreement, notices or documents required or permitted to
be given for PPSA purposes must be given in accordance with the PPSA.
28. Facilitating Registration: Without limiting any other provision of the Agreement, you consent to Studio 19 Rentals effecting
registration on the PPSR (in any way it considers appropriate) as regards any security interest arising under or in connection with the
Agreement and you agree to provide all reasonable assistance to facilitate registration.
29. Confidentiality Agreement: You agree with Studio 19 Rentals that neither will disclose to an "interested person" (as defined in
section 275(9) of the PPSA or any other person), any information of the kind set out in section 275 (1) of the PPSA and you will not
authorize disclosure of any information of the kind set out in section 275 (1) of the PPSA. This clause will be taken to constitute a
confidentiality agreement for the purposes of section 275 (6) of the PPSA.
30. Governing Law: This agreement is governed by South Australian law and each party submits to the jurisdiction of its Courts as
provided in Clause 13, unless the PPSA requires otherwise.
Exclusions - Clause 5(c):
In relation to Studio 19 Rental's range of musical instruments offered for rental, its maintenance or repair obligations do not extend to
piano tuning and to replacing any consumable items associated with the Item that are expected to be periodically replaced through
normal use (including but not limited to rosins, strings and reeds).