Terms and Conditions

Terms & Conditions

TERMS AND CONDITIONS

• The PhotobooksRus website is owned and operated by Melbourne Print Group pty ltd, trading as PrintbooksRus, ABN. 82 630 231 579. (hereafter “us”, “we” or “PhotobooksRus”.)

• By using or accessing this site and the PhotobookRus Designer software you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

• You also agree to receive advertising material from any of our affiliate or related websites which you can opt out at any time of your choosing.

• If you do not agree to these Terms and Conditions, then please do not use this site or software.

• All orders for PhotobooksRus are accepted and handled subjected to the following terms and conditions, which together with the price, specifications and delivery details stated in your order, form the terms on which you agree to acquire a Photobook product.

1. Order Acceptance

You MUST confirm that:

• You have checked all pages and previewed your order using the PROOF function within the Software.

• You are aware that due to printing variations as per the print industry standard, there is an error allowance of 1mm + or – of the straight line. This may affect any borders, text or images that are placed within 3mm of the edge of a page or spine throughout any Photobook product.

• Your design fully meets your requirements and you wish to proceed with order.

• You understand that once submitted your project cannot be altered or cancelled

• Unless otherwise advised all blank pages will be removed after the last photo or text page within the photobook you have designed.

• Unless otherwise advised any blank pages within the first and last printed pages will be left in the project.

• After completing the order, we will store the file provided by you on the server for 90 days

• You understand that the Products are printed digitally in most cases using a CMYK dry toner or wet CMYK Ink as opposed to a traditional photo lab’s chemical RGB process. These three processes treat colour differently and there will be a variance between them.

• You understand that Photo Canvases are hand-made from natural materials, and as such are subject to minor variations and cosmetic imperfections.

• PhotobooksRus will deliver to the delivery address specified when uploading your completed project. If you require a change of delivery address for a particular project or projects, we require written notification with updated delivery information within 48 hours of uploading your project.

• Products that are deemed to be undeliverable and are returned to sender in the first instance will incur a minimum charge of $20.00 AUD for the Re-delivery of the Product.

• If the Product is returned to sender for a second time a minimum charge of $20.00 AUD will be applicable and the delivery will be marked to leave at the front door (Authority to Leave).

• You may from time to time receive emails and offers from related parties to PhotobooksRus.

• You agree that due to differences between screen calibrations and settings on individual computers and monitors, the output of the Auto Enhancing tool and manual contrast/brightness tools may not fully reflect the final printed result.

• While every care is taken during the production process, PhotobooksRus cannot be held responsible for the adjustments you have made to your images, on your computer, with your screen settings.

• The equipment operated by PhotobooksRus is calibrated daily to ISO and Ricoh approved specifications which may differ from the settings on your computer and monitor. Please use your best judgment when using the provided tools within the software to enhance images in your project.

For each order, you must pay:

• The applicable price for the relevant goods confirmed by Photobooksrus

• The delivery and handling fee specified on the website at that time

• You accept these conditions by using the Photobooksrus Designer software

• All orders are accepted and handled in accordance with these conditions

2. Security Policy

• Your order and credit card details are safe and secure. All personal and credit card information provided to PhotobooksRus is secured using 2048-bit Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the internet.

• When purchasing from PhotobooksRus your financial details are passed through a secure server using the latest 2048-bit SSL (secure sockets layer) encryption technology. 2048-bit SSL encryption and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre via forms@photobooksrus.com.au

• You may from time to time receive emails and offers from related parties to PhotobooksRus.

3. Prohibited Images or Content

• You are solely responsible for the images you submit when ordering a PhotobooksRus product.

• You must not submit any image that infringes any person’s rights, is offensive, obscene, invades privacy or is unlawful in anyway.

• When ordering and in distributing your PhotobooksRus product you must observe the laws of Australia and the country to which the product is being distributed

4. Indemnity

• You must indemnify and keep PhotobooksRus, its partners and suppliers from and against any and all actions, claims, losses, damages, costs, expenses and other liabilities of any kind relating to the storage, processing or reproduction of any image submitted by you infringing any third party’s rights (including intellectual property rights and rights to confidentiality or privacy).

• All images are the sole responsibility of the user submitting them.

5. Disclaimers

• PhotobooksRus emphasises that the quality of the prints in the PhotobooksRus product will never be better than what you see on your computer monitor when using the Photobooksrus Designer software.

• Please take care in proofing your work, dragging photos beyond page edge, previewing your photo product and carefully checking your Spelling! Once you have uploaded your project, your project cannot be altered or canceled due to the automated systems we utilise.

• While PhotobooksRus takes care in ensuring the privacy and integrity of the images you provide, the possibility exists that this information could be unlawfully observed by a third party. PhotobooksRus, its partners and suppliers therefore disclaim as far as permitted by law any warranties concerning the security or privacy of any images you upload.

• Each Photocube can vary slightly in finished size. This is due to each piece fitting together with a small clearance between those pieces. This gives each cube a slightly different dimension. While all endeavors are made to make sure print is continuous, there can be small variations in print finish.

• You understand that the Products are printed Digitally in most cases using a CMYK dry toner process not a chemical RGB process as per a photo lab. These 2 processes do not have any similarities and there will be a variance between them.

• You understand that Photo Canvases are hand-made from natural materials, and as such are subject to minor variations and cosmetic imperfections.

• Any and all products produced by PhotobooksRus are supplied as-is. No warranty regarding suitability for any intended purpose is implied or guaranteed.

• PhotobooksRus products are not designed to withstand extremes of temperature, humidity or moisture, or long-term exposure to ultra-violet light. Products are not designed or intended to withstand impact.

6. Liability

• PhotobooksRus, its partners and suppliers exclude any and all liability for any indirect or consequential loss or damage arising in connection with your order or PhotobooksRus or its suppliers or partners failure to supply a Photobook product.

• PhotobooksRus, its partners and suppliers are not liable for any direct or indirect loss or damage which arises as a result of errors in the creation, production, shipping and delivery of the PhotobooksRus product ordered or which arises as a result of a third party unlawfully gaining access to any images uploaded by you.

• PhotobooksRus, its partners and suppliers liability for any breach or warranty is limited to PhotobooksRus (at its choice) resupplying or refunding the cost of the relevant product.

• You agree to take responsibility for the safe keeping of your user name and password.

• You are liable if your user name or password is used by an unauthorised person.

• The PhotobooksRus Software is supplied as-is. PhotobooksRus cannot be held responsible for hardware, network and software restrictions placed on individual computer and devices by third-part system adminstrators (employers, venues, etc.)

• You agree to release and indemnify PhotobooksRus in connection with any use (whether authorised or unauthorised) of your user name or password

7. Delivery Time / Shipping Policy / Returns

• PhotobooksRus will deliver the product to the address you specify in your order. In most cases orders are dispatched in 7-10 working days, (Monday to Friday not including Public Holidays) from when the complete data files are received and are sent next business day by overnight courier service or Australia Post. However any delivery times specified are approximate and PhotobooksRus cannot be held responsible for the performance of its courier suppliers or Australia Post.

• If delivery cannot be made to your nominated delivery address, arrangements will be made in accordance with the nominated delivery carriers’ terms and conditions

• Delayed delivery is not a basis for cancellation of the order or a request for compensation

• All updated Policies including Returns and Refunds are outlined on the Photobooksrus website photobooksrus.com.au

• All prices displayed on photobooksrus.com.au include GST

• Refund Policy: We do not offer refunds for “Change Of Mind”. The software and online designer are supplied as-is, and no guarantees of suitability for any specific purpose is implied or intended.

• If the end user suspects there is a printing defect with the product and it cannot be examined via emailed pictures, the end use will return the product to PhotobooksRus at their expense. If PhotobooksRus determines that there is a printing defect the Postage will be refunded in full, along with a replacement product.

• Any Damages must be reported within 24 hours of delivery, any damages reported after 24 hours will not be considered.

• PhotobooksRus ships goods Australia wide, however at this time we do NOT accept international orders through our website, please contact us on 1300 655 956 or forms@photobooksrus.com.au to enquire about a special order or any international deliveries.

8. Collection from Photobookrus

If you have nominated to collect your completed products from PhotobooksRus, you will need to have one of the following forms of ID with you at the time of collection:

• Australian Drivers License including Learners Permit with photo

• Keypass with photo.

• Proof of Age Card that is approved by the government with photo and signature within the seal.

• Australian Passport with permanent residency.

• Police, Government or Armed Services sealed Identification Card with photo and signature within the seal.

• Pension cards for aged/invalid/widows/supporting parents/carers or TPI/Limbless Association.

• Major Credit Card.

• Print of confirmation email with ID number

9. Queries and Complaints

• Any complaints must be submitted within two weeks of the delivery of the materials ordered by you to forms@photobooksrus.com.au

• PhotobooksRus reserves the right not to act on any complaint received in accordance with these requirements.

10. Governing Law

• PhotobooksRus control and operate this web site from its offices within Australia. Our Terms and Conditions are governed by the laws of the State of Victoria. You and PhotobooksRus agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

11. Site Contents, Ownership and Use Restrictions

• The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as Contents) are owned or controlled and are reserved by Melbourne Print Group pty ltd trading as PrintbooksRus, and its related companies, affiliates, licensors and licensees.

12. Limitation of Liability (Refund Policy)

Our total liability to you (if any) in connection with this site, or with these Terms and Conditions or any goods or services supplied under them, will be limited, at our election, to:

• In the case of goods supplied or offered by us, the repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this

• Please Choose Carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.

• You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or doesn’t do what it is supposed to do.

• The amount paid by you (if any)

13. Rights We Cannot Exclude

• The above disclaimer and liability do not exclude any rights which by law may not be excluded, including but not limited to your rights under the Trade Practices Act

14. Termination

• Your ability to purchase goods from this site may be terminated by PhotobooksRus and at any time without notice. All restrictions, licences granted by you and limitation of PhotobooksRus liability will survive termination.

15. Product Durability

• The covers on any product supplied by PhotobooksRus or any subsidiaries of PhotobooksRus are for decorative purposes only and are not offered as a substitute for protection.

• Any and all products produced by us are supplied as-is. No warranty regarding suitability for any intended purpose is implied or guaranteed.

• PhotobooksRus products are not designed to withstand extremes of temperature, humidity or moisture, or long-term exposure to ultra-violet light. Products are not designed or intended to withstand impact.

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