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1. Access to and use of the www.actionartphoto.com web site ("this site") is provided by Arthur Thornton trading as Action Art Photography ("us" or "we") subject to these Site Terms.

2. Your use of any part of this site constitutes your acceptance of these Site Terms which take effect on the date on which you first use this site. We reserve the right to change these Site Terms at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of the amended Site Terms.

3. Whilst we endeavour to make this site available 24 hours a day, we will not be liable if for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.

4. Any information found on this site is intended for guidance only. We may change this site and anything described in it without notice to you.

5. Whilst we endeavour to ensure that information on this site is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for any errors or omissions.

6. Except for death or personal injury resulting from our negligence or as otherwise provided in the Terms and Conditions for sale of our products, we shall not be liable for any damages or losses (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.

7. We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this site or your downloading of any material.

8. You may use material, information or data provided by this site for your own personal use. You may not use any such material, information or data in connection for your external business purposes. Downloadable images may be used for commercial and personal web sites, and multimedia cd-rom only. All other useage requires a specific agreement with Action Art Photography.

9. You shall not submit any material or information to us or to this site which is in any respect in breach of any statute, regulation or byelaw of any jurisdiction or which may breach the intellectual rights or privacy or other rights of any third party or which may be defamatory, obscene or indecent.

10. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to us or to this site.

11. The Action Art Photography name and logo and all related product and service names, design marks and slogans are the trade marks or service marks of us or our suppliers.

12. We accept no responsibility for the content of any site to which a link from this site exists. The links are provided "as is" with no warranty, express or implied, for the information provided within them.

13. In addition, when you supply any personal information, you shall be deemed to have accepted the terms of the Privacy Statement.

14. These Site Terms shall be governed by and construed in accordance with Australian law.

1.1 "We" are Action Art Photography Picture Library. Our registered office is 5 Tanderra Street, Wahrronga NSW 2076, Australia. If you have any comments, suggestions or complaints, we would be pleased to receive them at this adddress or by e-mail to info@actionartphoto.com. Alternatively, you may telephone us on +61 (0) 2 9489 4929 between the hours of 09.00 and 17.00 AEST (+10 UTC).

1.2 These Terms and Conditions govern the supply by us of any products ordered by you on the www.actionartphoto.com web site ("the site"). The particular product or products that you order at any one time from us is referred to in these Terms and Conditions as "the product".

1.3 In these Terms and Conditions:

1.3.1 "you" means the person who orders a product from the site; and

1.3.2 "the contract" means your order of a product in accordance with these Terms and Conditions which we accept in accordance with clause 2.5 below. If you order more than one product or several units of the same type of product, each unit of each product will constitute a separate contract.

1.4 These Terms and Conditions tell you what you can do with the product, how to buy it and the rights and obligations you have.

2.1 You must follow the instructions on the site to make your order.

2.2 Once you select a product that you wish to order, you will then be shown the price you must pay including GST, if applicable, and standard delivery charges. Subject to clauses 2.8 and 2.9 below, this is the total that you will pay for the ordered product. There are no extra charges unless you opt for special delivery, in which case we shall inform you of the additional cost before we accept your order.

2.3 You shall pay for the product at the time of ordering by supplying us with your credit card details which we require in order to process your order. We shall obtain the money for payment of the product following our acceptance of your order.

2.4 When you submit an order to purchase a product from us, you agree that you do so subject to these Terms and Conditions together with:

2.4.1 the Site Terms; and,

2.4.2 the License Agreement; and

2.4.3 the Privacy Statement in force at the time of your order.

2.5 Your order remains valid as an offer until when we accept your order or if earlier when we receive your notice revoking your order.

2.6 The contract shall be formed when we accept your order by sending our order confirmation to you by email, together with a confirmatory invoice. This is when the binding contract will be made. We shall not be obliged to supply the product to you until we have accepted your order. Until we accept your order, we reserve the right to refuse to process your order.

2.7 If you discover you have made a mistake with your order please contact info@actionartphoto.com immediately.

2.8 If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

2.9 If there is no GST applicable to your order, then the price that you must pay to us for the order will be confirmed in the order.

3.1 The quality of our design reproductions and of the materials we use are of great importance to us. While every effort is made to supply a product which is as shown on the screen, or in our advertisements, technical constraints may cause slight variations. The artwork and graphics that appear on the site and on your computer screen is only a graphic representation of the font and graphics of the product.

4.1 We aim to deliver the product to you at the place of delivery requested by you when you submit your order and we aim to deliver within the time indicated on the site but we cannot give an exact delivery date. Seasonal goods may take additional time. Delivery times given on the site are estimates only. However, if you have not received the ordered product within 30 days of the date on which you sent your order then you may cancel the contract. In any event:

4.1.1 we shall inform you if we are unable to supply the product to you within the 30 day period; and

4.1.2 within 30 days of the end of that 30 day period we shall refund to your money paid to us under the contract.

4.2 You shall own the product when we deliver it to you (but not the Materials as defined in the copyright notice).

5.1 You may cancel the contract for any reason if within 14 days of delivery of the product you give us notice in writing or in another durable medium accessible to us that you wish to cancel the contract. The notice may be delivered by post to our address at P.O. Box 381, Wahroonga NSW 2076, Australia or sent by e-mail to info@actionartphoto.com. The notice shall be deemed to have been given on the day on which it was sent.

5.2 If you cancel the contract:

5.2.1 you shall return the product to us in good condition, using the same method as it was delivered to you. Please note that the product is your responsibility until we receive it and we recommend that you get a Certificate of Postage. You shall be responsible for paying all the costs of returning the product; and

5.2.2 we shall refund payment made by your credit card company to us for the product to your credit card company within 30 days of receiving your notice of cancellation.

6.1 We warrant that the delivered product will be free from defects in materials and workmanship for a period of 30 days from the date of delivery. If you discover a defect in the materials or workmanship of the product, you must inform us as soon as possible but in any event within that 30 day period. Subject to you complying with these time limits and subject to clause 6.2 we will arrange for the return of the product at no cost to you and we shall refund the price paid or, if you wish, replace the product instead.

6.2 If we find that the product is not defective or that the product has been misused or subjected to neglect, carelessness or abnormal conditions or involved in any accident or attempt at modification or dealt with contrary to our instructions, we may decide not to repair or replace the product and require you to pay all carriage costs.

6.3 The warranty in clause 6.1 sets out our liability in respect of a defective or damaged product and shall apply in lieu of all conditions, warranties or obligations which would otherwise be implied by common law, all of which are excluded to the fullest extent permitted by law. This does not affect your statutory rights, under which you have the right to insist that goods that you buy from businesses must correspond with their description, be fit for their purpose and be of a satisfactory quality.

6.4 The warranty contained in this clause is specifically limited to the person who makes the order with us. No warranty is made to any other person.

7.1 We shall not be liable for any delay or failure to perform due to any circumstances outside our reasonable control, including without limitation Acts of God, civil commotion, riots, revolt, war, terrorism, hostilities, warlike operations, piracy, arrests, restraints or detainments of any competent authority, strikes, lock-outs, floods, droughts, fire, earthquakes, mechanical breakdown, inability to obtain or shortage of materials, equipment or transportation or any legislation change. However, if you have not received the ordered product within 30 days of the date on which you sent your order then you may cancel the contract in accordance with clause 4.1.

8.1 Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under this Agreement shall be in writing and may be served by personal delivery or by pre-paid, registered or recorded delivery letter or by facsimile addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.

8.2 Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two business days after the same has been posted if you are based in the Australia or seven business days after the same has been posted if you are not based in the Australia and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid, registered or recorded delivery letter or despatched or an answerback signal received.

8.3 For the purpose of this clause 8, a "business day" means any day other than a Saturday, Sunday or a day which is a declared public holiday in the place both of posting and of address of the notice.

9.1 We advise you to print and keep a copy of these Terms and Conditions and your order for future reference.

9.2 The contract shall be governed by Australian law and you hereby submit to the non-exclusive jurisdiction of the Australian courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.