Sleigh Bells and Selfies Terms and Conditions

PET PHOTOGRAPHY T&CS

Please also note that when you book a photo online for you and your pet, you are automatically opting in to the below terms and conditions:

• Owner/s must be responsible for their pet at all times.
• Owner/s must bring waste disposal bags for their pet's use if required. Please note that waste is prohibited from being placed in bins inside the building.
• In the event that any animal exhibits aggressive behaviour, we will ask that they are removed from the building.

Owner/s must wait at the designated entrance, outside of the studio, prior to your allocated booking time. At the time of your booking, a staff member will meet you and escort you to the Santa photography set. Pets must be brought into the building on a lead or in a cage.

Every endeavour will be made to adhere to your booking time, however in the event that another photography session is being completed, we appreciate your patience while the current pet photography session is finishing up.

Which pets are allowed?
Most pets are welcome, including dogs, cats, rabbits and other small animals. Unfortunately, no reptiles!

If you have any questions regarding your pet photography session, please contact us on service@sleighbellsandselfies.com.a

TERMS AND CONDITIONS - AS OF NOVEMBER 2023

This page sets out the terms and conditions (Terms) on which Omozusi Pty Ltd (ABN 48 140 260 742), trading as Sleigh Bells and Selfies (Sleigh Bells and Selfies, we or us) supplies products including digital photographs involving Santa Claus (Products), including through its websites (Sites).

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.

2. CANCELLING A BOOKING FOR A PHOTOGRAPHY SESSION
If you need to cancel a booking, you may cancel up to 48 hours prior to the scheduled booking time to avoid any service fees being charged.

2.2 If you cancel after 48 hours prior to the scheduled booking time, you will incur a 25% service fee (based on total purchase including any products and booking fees).

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 that Product is is no longer available or because of an error in the price on the Site – we will inform you of this as soon as possible and we will not process your order. If you have already paid for a Product that we cannot supply, we will also refund you the full amount 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 We work hard to ensure that all Products supplied (including Photographs) are of good merchantable quality and fit for purpose, and that all photographs taken during a photography session (Photographs) are available to be viewed on a preview monitor at our photography location for you to approve.

4.2 Subject to Consumer Law, in the case of a Photograph that is not of an acceptable standard we will work to resolve the issue at our cost as follows:

(A) first: digitally edit the Photograph to a standard acceptable to you;

(B) second: replace the Photograph with any other Photograph taken during your photography session;

(C) third: offer you a chance to have new Photographs taken; and

(D) fourth: provide you with a refund.

4.3 Refunds will generally be processed by refund to the credit card used in making the order or by direct deposit.

4.4 As we offer warranties that are in addition to those provided under Consumer Law, we also provide the following mandatory text:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a 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.

5. DELIVERY AND TITLE
5.1 Delivery will be complete when we deliver your order to you (for example, by providing you with your unique gallery link to access digital files and/or link 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.

6. PRICES
6.1 The prices of Products are as quoted on the Site from time to time.

6.2 We take all reasonable care to ensure that the prices of Products are correctly displayed, but it is always possible that, despite our best efforts, some Products may be incorrectly priced.

6.3 Prices for our Products may change from time to time, but changes will not affect any order confirmed with a Confirmation.

6.4 Unless stated otherwise, any special deals or offers will only be valid for as long as they are displayed on the Site. For Online Orders, any special deal or offer will be applied on checkout, but only if you are able to comply with any terms or conditions applicable to that special deal or offer.

6.5 The price of a Product includes GST (where applicable) at the applicable rate chargeable in Australia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

7. HOW TO PAY
7.1 You may pay for Products ordered online by Visa or MasterCard. All payment processing is performed by third-party providers.

7.2 Payment for Products is in advance.

7.3 We are a cashless business and payments must be made by the payment methods mentioned in clause 7.1.

8. OUR PRODUCTS
8.1 Images of Products on the Site are for illustrative purposes only.

9. RESTRICTIONS ON SALES AND ON USE OF PRODUCTS
9.1 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.

10. LIMITATION OF LIABILITY
10.1 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.

10.2 If any of the exclusions or limitations set out in this clause 10 are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Products or the supply of equivalent Products.

10.3 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.

10.4 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.

11. BUYING ON BEHALF OF AN ORGANISATION
11.1 You confirm that you have authority to bind any business or other organisation on whose behalf you purchase Products.

12. EVENTS OUTSIDE OUR CONTROL
12.1 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).

12.2 If an event covered by clause 12.1 takes place that affects the performance of our obligations to you:

(A) we will contact you as soon as reasonably possible; and

(B) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event.

12.3 We use reasonable endeavours to ensure that the Site and any transactions conducted on them are secure. However, you acknowledge that the security of information and payments transmitted via the internet can never be entirely secure or error free, and that (to the maximum extent permitted by law) we will not be liable for any damage suffered due to failure, delay, interception or manipulation of electronic communications by any third party on any computer program (including those used to transmit viruses).

13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations to you to another organisation, but this will not affect your rights or our obligations under these Terms.

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

13.3 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.

13.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.5 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.