Atmosphere Prints Trading Terms & Conditions

Please read and agree to comply at all times with all of Atmosphere Prints terms and conditions before you register or purchase or place an order with Atmosphere Prints. Some of our trading terms and conditions are life long even if you decide not to trade with us. It is important you understand them all so if you have any questions regarding any of the terms and conditions then please contact by email at info@atmosphereprints.com.au before you register or purchase or order from Atmosphere Prints.

Definition

Seller or Company refers to Atmosphere Prints and/or its employees.

Client refers to the person, deputed agent or organisation placing the order.

Goods or Services or Materials refer to the product for which the Client has placed an order with the Seller.

Application

By registering with the seller, the client is agreeing to be bound by the terms and conditions contained herein.

The client and seller are bound by the terms and conditions contained herein for all orders placed, including but not limited to orders placed using the sellers’ official website, through another website, by electronic transmission, by email, by post or in person.

The terms and conditions are valid for any goods or services provided by the Seller for the

Cancellation

In view of the nature of the service, cancellation of any orders by the Client will only be accepted at the sole discretion of the seller. The seller may charge the client any costs, and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.

Client

The Client is solely responsible for educating their clients in respect of any relevant information contained in these Terms and Conditions.

The client and seller retain all statutory rights under common law.

Confidentiality

The client shall maintain strict confidence and shall not disclose to any third party any information, material or techniques relating to the sellers business which comes into the clients possession and shall not use such information, material or techniques. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by the client of this clause.

Copyright

Unless otherwise indicated, copyright of our artwork and the information on this web site (including but not limited to; text, images, graphics, logos) is owned by Atmosphere Productions Pty Ltd as trustee for the Atmosphere Prints trading as Atmosphere Prints. All right reserved. The contents of our web site are intended solely for your personal, non-commercial use. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Blacklist.

Damages

All items are checked thoroughly before sending and packaged with precision and care.
Atmosphere Prints products use the highest quality products, any slight markings or variations are intentional.

In the event that you receive an item that is faulty or damaged please contact us and we will organise a replacement for you.

Delivery

Delivery by the Seller will be deemed to have taken place when the goods are handed to the custody of the Client or nominee by a deputed messenger or courier. The goods will be deemed to be of a satisfactory standard and in good condition when the client or nominee has accepted custody of the goods. The Seller will be entitled to charge the Client for any expenses of delivery.

Discount Coupons

Atmosphere Prints discount codes are applied at the checkout area on our website. Once you have entered the code, click ‘Apply’ and it will be deducted from your order total. You will be able to check this underneath the item(s) as the discount value will have been removed and the price amended.

You must enter the discount/promo code when you are checking out as it cannot be applied after you have completed checkout/at a later time. Refunds are not given if discount codes have not been entered at checkout.

If you find that your promo code isn’t working then please check the below:

• You can only use one discount/promo code per order.
• Discount/promo codes can not be used for gift vouchers.
• As our discount/promo codes vary so do the terms and conditions of each, so make sure you check when you receive any codes. Codes may only be valid for certain items and the majority of codes will have an expiry date. You should be able to find the terms and conditions in the same place you found the code whether it be through an email or on our website.

 

If your discount code is still not working after checking all of the above, then please click here and fill in the contact us form, alternatively you can email sales@atmosphereprints.com.au for further assistance.

Employment of Personnel

Subject to the prior written consent of the Company the Client or an agent acting on behalf of the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company.

Freight

The freight prices selected by the Client are not binding on the Company. The Company reserves the right to select the method of delivery and the Client agrees to pay the freight price invoiced by the Company. Freight of prints is available in Australia Only.

Gift Vouchers

 

Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS Atmosphere Prints, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “Atmosphere Prints Ltd AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

Limitation of Liability

The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue, death or personal injury) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited up to the price paid for the goods or services relating to the event. The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods or services.

Loss or Damage to Goods

The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of property or materials it receives from the Client but will not be responsible financially or otherwise for any loss or damage how so ever caused.

Notice

All written notices to be served on or given to the client shall be sent or delivered to the client’s nominated postage address or email address and shall be treated as having been given upon receipt.

Pricing

All pricing is in Australian Dollars (AUD) and includes 10% GST. Atmosphere Prints reserves the right to change pricing at our discretion and without notice.

Printing

Due to the fact that each computer monitor is calibrated differently, Atmosphere Prints Pty Ltd cannot guarantee that the colours or tone of images we print will match what you have on your screen.

Production

Atmosphere Prints are custom made to order. We aim to have all prints produced within 21 business days, however this time can change due to the availability of materials. Atmosphere Prints will inform customers via the nominated email address associated with the order if we expect a change to the nominated production time.

Returns & Exchanges (Australia only)

All returns and exchanges are made under the conditions of Australian Consumer Law. Please visit http://consumerlaw.gov.au/ for details

Secure Online Ordering

We accept payment via PayPal, credit cards along with ‘Buy Now, Pay Later’ type firms ‘AfterPay and ZipPay’ allowing our customers a faster, safer way to pay online giving you a 100% secure online transaction.

Social media

The client agrees not to post or induce/encourage a third party to post negative comments on any website or social media platform about the Company.

Usage of Goods or Services

Unless agreed and indicated in writing by the Company, the Client (and their clients) agree to use the goods or services and materials provided in accordance with the seller’s recommendation.

Warranty

The Company warrants that the Goods will be supplied using reasonable care and skill.

The life of the Goods or Materials will vary depending on the environmental conditions and care to which they are subjected to.

The Client (and their clients) acknowledge that the expected life of the Goods or Materials supplied by the Company will be adversely effected in the event that the Goods or Materials are subjected to:

• Periods of sunlight (direct or strongly reflected)
• Airborne pollutants and/or gases
• Humidity or moisture
• Ultra Violet light
• Rapid changes in temperature.
• High temperature
• The Client (and their clients) acknowledge that the Goods and Materials life will be extended where conservation choices are selected, for example Conservation glass instead of Premium Clear glass. The Company recommends printing onto Hahnemuhle Photo Rag 308, hinge mounting on to acid free backing board, the use of conservation grade mat board and UV blocking conservation glass. These materials are available when the clients requests them.
• It is solely the Clients responsibility to inform and educate their clients about the best materials to use and their care.

If you have any questions regarding any of the terms and conditions then please contact us at info@atmosphereprints.com.au before you register or place an order with us.