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 “Digital Cameras Online”.
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.
- Australian dollar prices include G.S.T..
- Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
Please note that the placing of an order does not result in an agreement to supply and does not bind Digital Cameras Online unless and until the company accepts your order.
- We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods and/or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
If we have not responded to you within seven days, your offer will be deemed to be rejected.
- We give no undertaking as to the availability of products or services advertised on the Digital Cameras Online web site.
- You may cancel an order once it has been submitted at any time prior to dispatch of the goods, even if our acceptance or rejection of your offer is still pending.
- For orders cancelled at any time prior to dispatch of the goods, a complete refund will be made.
- In the event that your order had already been dispatched, a 20% re-stocking fee will apply and the delivery charge will not be refunded.
- Goods returned need to be received by us in re-sellable new condition with seals unbroken and packaging undamaged.
- Title in the goods does not pass to you until payment has been received and the company accepts your order.
- Risk of loss or damage to the goods passes to you upon the receipt by the carrier of a signature at the delivery address.
- The goods are offered for sale, and services will be provided, only to persons who can make legally binding contracts.
Refund for Purchases Received and Opened.
Goods received and opened may be returned within 14 days subject to the following conditions.
- If no statutory condition applies the refund will be subject to a 30% restocking fee if the goods are returned in new, re-sellable condition with packaging undamaged.
- If the goods and/or packaging show any evidence of use the return will be accepted at our absolute discretion subject to our physical examination of the returned goods and our buy-back valuation.
Cancellation due to error
- Purchases are covered by an Australia-wide manufacturers warranty, usually 12 months or more. This is identical to the warranty provided for goods sold at non-internet retailers.
- If your goods arrive damaged or faulty we will arrange for collection providing we are notified within 7 days of delivery. The faulty item will be replaced or if this is not possible a refund will be provided. If on receipt the item is found to be in good working order it will be returned to you and you will be charged $25 to cover the collection and return delivery costs.
- Once more than 7 days have elapsed after receiving your purchase, your nearest manufacturers authorised service centre will assist you to remedy the problem. For locations please call the following numbers: Olympus:1300 659 678, Sony:1300 13 7669. FujiFilm (02) 9466 2900. Nikon:02 9390 0222. Canon 1800 816 001. Kodak 1800 147 701. Konica Minolta, Casio:02 9882 1992, Panasonic: 132600, HP: 1300 305 018.
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.
- (a) if the breach relates to goods:-
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of such goods;
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- (iv) the payment of the cost of having the goods repaired; and
- (b) if the breach relates to services:-
- (i) the supplying of the services again; or
- (ii) the payment of the cost of having the services supplied again.
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:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the web site; or
- commercialise any information, products or services obtained from any part of the web site;
without our written permission.
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:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including the Digital Cameras Online web site).
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.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
We may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.
- to send news, information about our activities and general promotional material which we believe may be useful to you;
- to monitor who is accessing the web site or using services offered on the web site; and
- to profile the type of people accessing the web site.
We utilise "session cookies" which enable us to monitor traffic patterns and to serve you more efficiently during your visit the site. Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser. Upon closing your browser the session cookie set by the web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of the web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
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.
- we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
- we are required by law to disclose the information.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
We consider it is the responsibility of parents to monitor their children's use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over the web site. You are entitled to edit or delete such information unless we are required by law to retain it.