This page sets out the terms and conditions (Terms) on which Santa Photos On The Beach, also trading as Santa Photos On The Beach Shellharbour (ABN 22 117 278 899) supplies products including digital and print photographs involving Santa Claus and related merchandise (Products), including through its websites (Sites) and at on-site locations (On-site).

Please read these Terms carefully and make sure you understand them before ordering Products from us. You should retain a copy of these Terms for future reference, but note that we may amend these Terms from time to time, so every time you order Products, please check the Terms.

1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US?

1.1 If you place a booking and/or an order for a Product online (Online Order), you will receive a confirmation from us acknowledging your order (Confirmation). The agreement between us will not be formed until we send you the Confirmation.

1.2 If you place a booking and/or order a Product On-Site (for example, at one of our Santa photography locations – an On-Site Order), the agreement between us will be formed when we accept that booking and/or order.

2. CANCELLING A BOOKING FOR A PHOTOGRAPHY SESSION

2.1 If you need to cancel a booking with 7 or more days notice, you can nominate for this to be a 100% donation to the Shellharbour Surf Life Saving Club (SSLSC) (a receipt can be issued to you by SSLSC on request), or you may request a refund you may do so:

(A)  Up to 7 days prior to the scheduled booking time subject to paying a 20% service fee (based on total purchase including any products and booking fees). At the discretion of Santa Photos On The Beach we may be able to reschedule your booking to another available time-slot. Suitable alternative time-slots may not be available.

(B)  Within 6 days (144 hours) of the booking no refund is possible. At the discretion of Santa Photos On The Beach we may be able to reschedule your booking to another available time-slot. Suitable alternative time-slots may not be available.

2.2  We will endeavour to process any refund due to you (as a result of you cancelling but not rescheduling a booked photography session) within 48 hours of us receiving your cancellation request.

2.3 Any changes to a booking time for a photography session are subject to availability and we make no warranty or representation that any requested changes can be accommodated.

2.4 If you fail to arrive to a photography session without notifying us, no refunds will be issued.

3. PRODUCT AVAILABILITY

3.1 If we cannot supply you with a Product – for example because a photographer becomes unavailable or Santa is held captive by the Grinch we will offer you an alternative time-slot as soon as possible and if this is not satisfactory we will refund you the full amount that you have paid as soon as possible.

3.2 We retain digital photographs for a period of 180 days, after which we delete them. It is your responsibility to check digital items and to make any backups you might reasonably require as we will be unable to provide replacement copies after this date.

4. YOUR RIGHT OF RETURN AND REFUND

4.1 Subject to your rights under the Australian Consumer Law and related State and Territory legislation (together, Consumer Law), you may not cancel an order for a Product and ask for a refund once we have taken the photograph/s.

4.2  We work hard to ensure that all Products supplied (including Photographs) are of good quality and fit for purpose, and that all photographs taken during a photography session (Photographs) will be reviewed by the photographer and they will choose the most suitable photograph according to their subjective professional opinion. If in a particular case a Product is not of a suitable quality (and without limiting your rights under Consumer Law), we will offer a substitute photograph from your photography session if:

(A) a Photograph is out of focus or not properly zoomed;

(B) subjects are cropped or cut out of the Photograph.

We do not, however, exchange or refund any Product merely because you change your mind. Please also be aware

4.3 If you believe you are entitled to return a Product or to request a refund, please contact us via email at contact@santaphotosonthebeach.com or through our website at https://santaphotosonthebeach.com within 7 days of receiving the Product.

5. DELIVERY AND TITLE

5.1 Delivery will be complete when we deliver your order to you (for example, by emailing the Photograph purchased to your nominated email address).

5.2 We will not be responsible for any loss, damage or injury you may directly or indirectly suffer as a result of or in connection with any delay or failure to deliver an order within any indicated time-frames.

5.3 In cases where you have provided the incorrect contact or delivery information it is your responsibility to contact us within 14 days of non-delivery to arrange a corrected delivery.

5.4 Any Products will be your responsibility once they are delivered to you but you will only own Products delivered to you once we have received payment in full, including any applicable delivery charges.

6. PRICES

6.1 The prices of Products are as quoted on the Site and On-Site from time to time.

6.4 The price of a Product excludes GST. If this changes at any time in the future the inclusion of GST will be indicated at the time of purchase.

7. OUR PRODUCTS

7.1 Images of Products on the Site are for illustrative purposes only. In particular, we cannot guarantee that your computer accurately displays colours, and the Products you order may vary slightly from those images.

8. RESTRICTIONS ON SALES AND ON USE OF PRODUCTS

8.1 By placing an order for a Product, you warrant that you are legally entitled to purchase that Product, and you acknowledge that if you are not (for example, because age restrictions apply to a particular Product), we do not authorise you to order these Products.

8.2 Any Product you purchase from us must not, by way of trade, be rented out or resold, or offered for rent or commercial resale.

9. LIMITATION OF LIABILITY

9.1 To the maximum extent permitted by law and save for the express written terms in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Products or arising from these Terms are expressly excluded.

9.2 In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of this agreement.

9.3 To the maximum extent permitted by law, our maximum cumulative liability under these Terms shall not exceed an amount greater than the income we have received from you in the previous 3 months.

10. BUYING ON BEHALF OF AN ORGANISATION

10.1 You confirm that you have authority to bind any business or other organisation on whose behalf you purchase Products.

11. EVENTS OUTSIDE OUR CONTROL

11.1 To the maximum extent permitted by law, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations caused by any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war – whether declared or not – or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport).

12 Operating Conditions

12.1 Outdoor Environment: We operate in all conditions in outdoor environments.

12.2 Weather Conditions: Just like Santa, we always deliver. We do not cancel or reschedule due to weather conditions.

12.3 Shelter: We may, at our discretion, utilise a marquee to provide some shelter.

12.4 Our photographers will make every reasonable effort possible to ensure that you have a satisfactory Photograph. Natural weather and lighting conditions are out of our control and this may mean that you have grey skies, rain, wind, heat and any other climatic variables. We will at times be photographing in full sunlight, and afternoon sunlight in your eyes; with this in mind we recommend you consider the option of wearing sunglasses if necessary and accept that people in the Photograph may squint. We will do our best to help you create a special memory and we suggest that you embrace the prevailing conditions with a sense of fun, humour and play.

13. OTHER IMPORTANT TERMS

13.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

13.2 Each of the paragraphs of these Terms operates separately. If any are found to be unlawful or unenforceable, those paragraphs will be severed and the remaining paragraphs will remain in full force and effect.

13.3 These Terms are governed by the law in force in New South Wales, and any dispute or claim arising out of or in connection with them or a Product will be governed by New South Wales law. You and we both agree to that only the courts of New South Wales will have jurisdiction over any such dispute or claim.