DB Solutions (Australia) Pty Ltd trading as Digital Cameras Online
(ACN 007 992 001) Web Site Terms and Conditions
These terms and conditions apply to the use of the Digital Cameras Online web site, including the purchase of goods and services using the web site. In using the web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Digital Cameras Online web site.
In these terms and conditions, the expressions "we", "us" and "our" are a reference to DB Solutions Pty Ltd trading as " & storename & ".
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Digital Cameras Online web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Delivery of the goods and/or provision of the services to you will be effected in the manner described on the Delivery and Warranty information page.
Statutory Conditions and Warranties Apply
Nothing in these Terms and Conditions should be interpreted to exclude the application of statutory conditions and warranties where these may not lawfully be excluded. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
You may offer to purchase goods and services described on the Digital Cameras Online web site for the price, or at the rates, specified on the web site.
Your order must contain your name, email address, credit card details and any other ordering information specified on the Digital Cameras Online web site.
Refund for Purchases Received and Opened.
Goods received and opened may be returned within 14 days subject to the following conditions.
Cancellation due to error
At Digital Cameras Online, we work hard to offer you the most competitive pricing and accurate product information. Our online information is derived from many on-line sources, may change during the course of a day and is updated nightly. It is inevitable that errors and omissions will occur, particularly between periods when the online data is updated. If an offer appears "Too good to be true" that may very well be the case due to an error in, or the time of input of, the information loaded.
You acknowledge that despite our reasonable precautions, products and services may be listed at an incorrect price or with incorrect information due to a data input timing lag, typographical error or like oversight.
In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged or you have otherwise made payment. We reserve this right up until the time of delivery of goods, or provision of the services, to you.
If a cancellation of this nature occurs after your credit card has been charged for the purchase or we have received payment, we will immediately issue a credit to your credit card account or provide a refund for the amount in question.
When in doubt please contact us directly via telephone or email.
Except as stated in these terms and conditions including the information page "Delivery and Warranty", we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Digital Cameras Online web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Digital Cameras Online web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will, to the extent permitted by law, be limited for a breach of that condition or warranty to one or more of the following:
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on the Digital Cameras Online web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to the Digital Cameras Online web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing the Digital Cameras Online web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the web site or any linked web site.
Whilst we have no reason to believe that any information contained on the Digital Cameras Online web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the web site.
Responsibility for the content of any advertisements appearing on the Digital Cameras Online web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over the Digital Cameras Online web site will meet your requirements.
Details contained on the Digital Cameras Online web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Digital Cameras Online web site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in the Digital Cameras Online web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Cth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
Unless we agree otherwise in writing, you are provided with access to the Digital Cameras Online web site only for your personal use. You are authorised to print a copy of any information contained on the web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the web site.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive 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. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of access
Access to the Digital Cameras Online web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in the State of South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.