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Terms and Conditions of the Polaroid Australia Website

These Terms and Conditions of Use (the “Terms and Conditions”) are a legal agreement between you and POLAROID Australia, a Division of BRANDS AUSTRALIA PTY LTD hereby referred to as “BA” governing your use of Polaroid.com.au.

If you visit or shop at Polaroid.com.au, you accept these Terms and Conditions. Please read them carefully.

In addition to the Terms and Conditions, you may be subject to other terms and conditions that apply to purchases of goods or to specific portions or features of the website, including contests, promotions or other features. If these Terms and Conditions are inconsistent with the terms posted for or applicable to a particular section of the website, the specific terms related thereto shall control your use of that portion of the website.

If you are under 18, you may use Polaroid.com.au only with the approval and supervision of a parent or guardian. BA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

BA can amend these Terms and Conditions by posting the amended terms on Polaroid.com.au, which take effect when we post them.  It is your responsibility to check the Terms and Conditions periodically for changes. We may also email updates and reminders of our policies from time to time, unless you have asked us not to send them to you. By continuing to access or use Polaroid.com.au after any such amendment, you agree to be bound by the terms of the amended Terms and Conditions.

Electronic Communication

When you visit Polaroid.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide shall be deemed to be non-confidential.  You agree that BA shall be free to use such information on an unrestricted basis.

Trademarks

All trademarks, service marks and logos used and displayed on this website are registered and unregistered trademarks of POLAROID and others. POLAROID’s trademarks and trade dress may not be used in connection with any product or service that is not POLAROID's, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits POLAROID. All other trademarks not owned by POLAROID or BA that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BA. Polaroid, Polaroid & Pixel, Polaroid Classic Border Logo and Polaroid Color Spectrum are trademarks of PLR IP Holdings, LLC.
 

Content

All materials on this website, including without limitation text, audio, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content") and the arrangement thereof is owned, controlled or licensed by or to BA, and is protected by copyright, trademark, trade dress, patent laws and various other intellectual property rights and unfair competition laws.

You my access and make personal use of this website.  No part of the website and no Content may be used, copied, reproduced, republished, uploaded, linked, displayed or distributed in any way to any other computer, website, medium for publication, broadcast or distribution or for any public, business or commercial purpose, without BA's express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POLAROID without express written consent. You may not use any meta tags or any other "hidden text" utilizing POLAROID’s name or trademarks without the express written consent of BA. Any unauthorized use terminates the permission or license granted by BA.

Your Account

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not you have authorized such activities or actions.   You will immediately notify BA of any unauthorized use or your account or password.

Purchasing from Polaroid.com.au

In these Terms and Conditions, Company means POLAROID AUSTRALIA, A DIVISION OF BRANDS AUSTRALIA PTY LTD ("BA") and Purchaser means the Purchaser whose order for the purchase of goods is accepted by BRANDS AUSTRALIA PTY LTD ("BA").

ACCEPTANCE OF BUYERS ORDER
BA shall use reasonable endeavours to fill orders accepted by it but shall in no event be liable or responsible to the Purchaser or any of its Purchasers for any failure or inability to supply Goods ordered by the Purchaser.
BA reserves the right to withdraw any Goods or any ranges of Goods from sale from time to time notwithstanding that such Goods may be displayed in lists of Goods available for purchase.

CANCELLATION OF ORDERS
Once placed, no order may be cancelled by the Purchaser except in writing and then only with the prior consent of BA.

SUBSTITUTION
While descriptions of the equipment or services and brochures accompanying any quotations are as accurate as possible, we reserve the right to supply the equipment or services with such modifications and altered specification as may be available at that time.

PRICES
The prices of goods are listed as recommended retail prices including GST and may be varied by BA at any time without notice. BA reserves the right to charge freight and handling fee on any order below a minimum amount to be determined at BA’s discretion.

PAYMENT TERMS
All payments through Polaroid.com.au are handled by eWay payment gateways and are subject to their respective Terms & Conditions of use. Polaroid.com.au is secured through a GeoTrust Extended Validation SSL certificate, the e-commerce standard for trust and security. 

DELIVERY
Please allow up to ten (10) working days for delivery of items on the condition that all items are in stock and are available at date of purchase. BA may deliver the goods by instalments or partial shipments and the Purchaser will accept each delivery. Requirements of the Purchaser shall not be a condition or of the essence of the contract. BA shall not be under any liability for direct or consequential loss or damage to the Purchaser arising from delay or postponement of delivery. BA shall have the sole and absolute discretion as to the choice of carrier and method of carriage of the Goods. A delay in the delivery of an instalment shall not relieve the Purchaser of its obligation to accept remaining deliveries.

In the event that the Purchaser alleges that any of the Goods have not been delivered as ordered it shall give written notification of such alleged non-delivery to BA at its address within fourteen (14) working days of the date of invoice relating to those Goods, and with a full description in writing of the alleged non-delivery.

BA reserves the right to invoice goods prior to their delivery in the event that such delivery has been delayed at the direction, request or by virtue of circumstances occasioned by the Purchaser, and storage and insurance costs resulting from such delayed dispatch may also be invoiced by BA to the Purchaser and shall be payable by the Purchaser as part of monies due under such invoice for Goods supplied.

SHIPPING CHARGES
Displayed shipping charges are for Australian addresses only and shipping to locations outside of Australia may not be available or incur an additional charge.

WARRANTY
To receive Warranty service, the original consumer purchaser must contact BA, or an authorized service provider, for problem determination and service procedures. Proof of purchase in the form of a receipted invoice, evidencing that the Product is within the applicable Warranty period(s), MUST be presented to BA, or an authorized service provider, in order to obtain the requested service.
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 for 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.

RETURN POLICY
The Purchaser shall be responsible for inspecting the goods immediately upon delivery to ensure that the goods are those ordered by the Purchaser and are fit for use. 

BA will not provide a refund or replacement of the Goods unless the Goods are faulty or are not fit for use under the guidelines of Australian Consumer Law. 

If a product is faulty or not fit for use, a claim must be submitted in writing within 30 days of purchase.
Goods cannot be returned without prior approval by BA which can be obtained through an authorised service centre. 

All goods returned should be in original packaging and include all, accessories manuals and instructions. Where any part of a product is not returned, BA reserves the right to apply a return fee of 15% of the sale price of the returned goods.
Returned goods will be subject to count & inspection before a refund is passed.
 

FORCE MAJEURE
BA shall not be liable for any delay or failure to perform its obligations if such failure was caused by any event for which BA could not reasonably have exercised control.

PRIVACY
a) Purchaser agrees to BA collecting, using and disclosing information about Purchaser for various purposes, including to:
i. supply the Products and services to Purchaser and the management of Purchaser's account;
ii. communicate with Purchaser about the Products and services which BA or its partners or affiliates may provide to Purchaser,
iii. implement these Terms and any Sales Contract; and
iv. comply with relevant laws.
 b)  BA, at the written request of Purchaser, will:
i. provide Purchaser with access to any personal information relating to Purchaser held by BA; and
ii. correct or amend any personal information relating to Purchaser held by BA which is inaccurate or out of date.
iii. BA will handle Purchaser's personal information in accordance with relevant laws.

AMENDMENTS
BA may amend these Terms at any time by giving Purchaser notice by mail, e-mail or by posting a notice on BA's public website. By continuing to place orders for Products, Purchaser will be deemed to have accepted the revised Terms.

ADDRESS:
Wherein these Terms & Conditions reference is made to the address of Brands Australia Pty Ltd the registered address is: 
Brands Australia Pty Ltd, 23 Encore Ave, Somerton, Victoria 3062

JURISDICTION & APPLICABLE LAW
The Terms and Conditions shall be governed and construed in accordance with the laws of the State of Victoria.
The parties agree that the Courts of Victoria shall have exclusive jurisdiction to hear and determine any dispute arising hereunder.

ASSIGNMENT
This agreement shall not be assigned by the Purchaser whether voluntarily, involuntarily or by operation of law without the prior consent of BA. No such assignment by the Purchaser howsoever occurring shall relieve the assignor of its obligations hereunder.

SEVERABILITY
In the event that any or part of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such terms, conditions or provisions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

CURRENCY
All prices displayed on Polaroid.com.au are in Australian Dollars (AUD).