Terms of Service

WEBSITE TERMS AND CONDITIONS OF SALE (“Customer Agreement”)

These are the Terms and Conditions of Christie Lyn Photography on website located at https://www.christielyn.com.au which is owned and operated by Christie Lyn Photgraphy. These Terms and Conditions also incorporate our Website Terms of Use, Disclaimer and Privacy Policy, all of which can be found on this Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on my Website, you’re indicating that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with me bookings@christielyn.com.au.

CLIENT'S USE The buyer (you) shall only use the digital files in accordance with the permissions within this agreement. The buyer’s digital files are for personal use only and shall not be submitted to contests, reproduced for commercial use, or reproduced in any way by parties other than the photographer (Christie Lyn Photography). The redistribution of digital images is strictly prohibited. Christie Lyn Photography grants you, the buyer a non-exclusive, non-transferable, perpetual, personal-use license to reproduce media via print only for any non-commercial use, including but not limited to prints, enlargements, gifts to family and friends, slide shows, and web pages. Ownership and all copyrights will forever remain exclusively with Christie Lyn Photography. There are no warranties, express or implied. The media is provided "as is."

SOCIAL MEDIA The buyer may share to social media through use of the share functions and dissemination of direct links. All images posted on social media require a direct link or credit towards Christie Lyn Photography. Buyer shall not screen shot, or capture the photographs in any other fashion. Buyer also is not to crop, alter, edit, or add filters to any photographs. If you do so, you may be subject to a $200 fine per photo.

WHAT YOU MAY DO 

Personal, Non-Commercial use of the Media includes the following.

Display on personal websites and computers.

Making image prints for personal use.

WHAT YOU MAY NOT DO

Buyer may not:

Resell, relicense, sub-license, redistribute without express written permission from Christie Lyn Photography.

Use the Media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.

Use the Media in advertising.

Use the Media in a pornographic, obscene, illegal, immoral, libellous, or defamatory manner.

Incorporate the Media into trademarks or logos.

Make the Media available for download.

ECOMMERCE

While I take every care to make sure my online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

Please note that when you submit an order through the Website, no agreement is formed until I process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), I may choose not to fill the order, but I’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If I can’t or won’t fill your order, I’ll process a full refund as soon as practicable.

PAYMENT You agree to pay CLP the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions).

The prices may vary from time to time. You agree and acknowledge that I may do so at any time on notice, and that such notice is given by me posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay me for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, I may suspend delivery of an order, require payment in a particular form or terminate this agreement.

I currently accept payments via PayPal & bank transfer.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as Stripe, PayPal, AfterPay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. I am not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.

DISCOUNTS AND COUPON CODES 

I may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if I have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).

Unless I specify otherwise in the offer, discounts and coupon codes are available on full priced goods only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

PRODUCT DEPICTION AND SPECIFICATIONS

Images used on my Website to depict finished goods are provided for illustrative purposes and should be taken as a guide only. All care is taken to represent items accurately, however it is important to note that (a) products are individually made to order, and (b) we have no control over the rendering of colours on the screen of your specific device. Therefore, finished goods may vary slightly in colour, proportions or appearance from the images rendered on your screen.

POSTAGE AND DELIVERY

I post products within Australia only. I use delivery service providers to help us get our products to you.

You agree to pay to us postage fees as calculated at checkout.

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, I’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

My delivery service providers may change their fees from time to time, and so you acknowledge and agree that I can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

Dispatch Timeframes - As most products are freshly and carefully made to order, I aim to process all orders within 1-3 weeks of receipt of your payment in full in cleared funds.

I ask for your patience as this handling period may vary, for example, if I have a high volume of orders and shoots, if a third party supplier such as a printing lab or framer has hardware failure or stock shortages, or during seasonal holiday periods when our suppliers may be closed.

You acknowledge that we’re not liable for any delay in dispatch of your order.

Delivery Timeframes - Delivery times will vary between orders – I’ll do my best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within one week of dispatch, unless advised otherwise.

Delivery Address - It’s your responsibility to make sure that your postal address details are correct- I won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, I reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.

Orders Lost in Transit - When I dispatch your order, I will give you a tracking code for you to track the progress of your order. If you’re concerned that your order has been lost or incorrectly delivered, please contact me as soon as possible, so that I can investigate. You understand that while I’ll investigate your missing order, I make no representations as to responsibility or liability for any lost or an incorrectly delivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Risk - Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised me or our delivery service to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask me to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If I accept a return of any goods, risk in those goods will revert to me on our confirmation of receipt of the returned goods. I recommend you insure goods you return to us against loss or damage in transit.

EVENTS BEYOND CONTROL

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances I can’t control affect my ability to complete your order, you release me from any obligation to dispatch your order while those circumstances continue. While they continue, I may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If I expect a major delay, we’ll contact you to discuss a suitable solution.

ADVICE AND INFORMATION

I may give you advice, recommendations, information or assistance in relation to products on my Website, their use or application. I give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but I don’t give any warranty of accuracy, appropriateness or reliability. Information and advice I give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. I won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and 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.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. I specifically exclude liability for negligence.

Wherever possible, my liability for breach of any condition, warranty or guarantee is limited, at my option, to:

• replacement of the product;

• repair of the product;

• payment of the cost of having the product repaired; or

• such other fair and reasonable remedy as we are ready and willing to provide.

I won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where I am unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with me (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then I exclude all liability to you and I’ll only refund an order placed if I can’t fill it, if I think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as I do not offer refunds for change of mind. To make an ACL-related claim, please contact us at bookings@christielyn.com.au.

REFUND PROCEDURE

My top priority is to ensure that you are thrilled with your purchase and session with Christie Lyn Photography.

If your goods are damaged or defective in any way on delivery, or if you are not satisfied with the goods for any reason, please contact me at bookings@christielyn.com.au as soon as possible to arrange a suitable remedy, such as return, exchange or refund.

Please note that you are required to inform me of any fault or issues with the goods/services in the period from the session/delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, I estimate this period to be approximately 90 days.

You agree, if requested, to provide by email or SMS message a photograph of any damaged goods and/or packaging to assist in speedy assessment of any damage or defects.

Requests for refund or exchange will be declined in cases of incorrect choice, change of mind, or where the goods have incurred damage after delivery. This includes damage caused by methods of display, storage, cleaning or handling that are contrary to the care instructions supplied with your goods.

INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights owned by me or to which I are entitled before and after this agreement will remain my sole property and that nothing in this agreement transfers any ownership of my intellectual property rights to you.

By purchasing prints in any format from me you agree and acknowledge that you are not acquiring any right, title or interest in or to the image(s) or any associated copyrights, other than the right to possess, hold and use the Print(s) for private, non-commercial purposes.

Furthermore, you agree that you will: (i) not scan, copy, duplicate or otherwise reproduce the Print(s), (ii) not use the Print for any commercial purpose, without our express and prior written consent.

DISPUTE RESOLUTION

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, I ask that you contact me in the first instance and I will do my best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If I'm not able to resolve it within thirty (30) days, I’ll go to mediation in Bunbury, Western Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

VARIATION

I can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

SEVERANCE

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

TERMINATION

I may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, I’ll refund any amounts paid by you in respect of undelivered goods.

JURISDICTION

As I am based in Western Australia, these terms will be governed by the laws of Western Australia. In the event of any dispute, I ask that you first contact me, and I’ll do my best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently.