Possum Portraits Inc.

Terms & Conditions

Trading terms and conditions

These terms and conditions are the contract between you and Possum Portraits Inc. (“us”, “we”, etc.). By visiting or using Our Website, you agree to be bound by them.

We are Possum Portraits Inc., a company registered in Australia under the ABN 25 327 978 344. Our address is 3/29 Martin Street, Brighton, VIC 3186.

You are: Anyone who uses Our Website

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

1. Definitions in this agreement:

“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Extra Work” means all of the work we do and materials we buy to prepare or produce Specified Goods, which may be personalised merchandise available from our shop.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.

"Intellectual Property" means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Specified Goods” means Goods which have been subject to work or process to your specific order.

“Our Website” means any website of ours, and includes all web pages controlled by us.

2. Interpretation

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

2.1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

2.2 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3 the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.

2.4 in the context of permission, “may not” in connection with an action of yours, means “must not”.

2.5 any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

2.6 a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

2.7 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated at $100 per hour.

2.8 these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.

3. Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Because we rely on our suppliers, Possum Portraits Inc. does not guarantee that Goods advertised on Our Website are available.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

4. Acceptance of your order

This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
Your order is an offer to buy from us.
We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we aim to despatch your order.
At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
1. accept the alternatives we offer;
2. cancel all or part of your order.

5. Extra Work and approval of a proof

This paragraph applies to Specified Goods.
Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms.
If you have asked to see a proof of your order, we will submit this within 14 days of your order for your approval.
If you wish to make any changes to the specification of the Extra Work, you must do so at this time and approve the subsequent proof we send you.
Until you approve a proof in writing, work on your Specified Goods will not continue. Once you do approve a proof in writing, it serves as the design basis for your Specified Goods. You can make no further changes to your order.
The proof constitutes the design on the basis of which your Specified Goods will be carried out. The Specified Goods will not be an exact replica of your proof but a physical interpretation of it.
If you do not select the option to see a proof, you agree that Possum Portraits will interpret your instructions for the creation of your Specified Goods at its discretion. You will have no recourse to affect the design of your Specified Goods once your order has been accepted.
If you terminate this agreement before the Specified Goods are complete, you agree to pay us 70% of the total cost of your order.

6. Prices

Prices of Goods are shown on Our Website.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside Australia, we will refund to you the amount charged as GST.

7. Payment

We will not split an order. We require the full price of your order before we will send any part of it.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date when we accept that repayment is due.

8. Security of your credit card

We take care to make Our Website safe for you to use.

1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

9. Delivery

Goods are delivered within 30 days from the day you place an order to purchase the Goods.
Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
You agree that we may give your email address to the carrier so that your order tracking details can be sent directly to you.
Goods are at your risk from the moment they are handed to the carrier.
All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.
Signing "Unchecked", "Not Checked" or similar is not acceptable.
When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must either
1. accept them and lodge a claim for compensation with the carrier. All parcels are sent insured for the total value of the Specified Goods.
2. reject them, giving reasons to the carrier for doing so. The goods will then be returned to us. We will file a claim for compensation on your behalf. Once the claim has been acknowledged, we will reimburse the total cost of your order.
If your goods have been lost in transit, you must contact us so that we can lodge a claim for compensation on your behalf and refund the total cost of your order. The total cost of your order will be refunded within 14 business days regardless of whether we have by that time received compensation from the carrier.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some Goods may be so large or heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

10. Foreign taxes and duties

If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

11. Risk and retention of title

Ownership of the Goods shall not pass to you until they are fully paid for, but the Goods shall be at your risk as from delivery.
We shall deliver the Goods, duty and delivery paid, to your premises.
In spite of delivery having been made, title to the Goods shall not pass from us until:
1. you have paid the price in full; and
2. no other sums whatever shall be due from you to us.
Until title to the Goods passes to you, you shall hold the Goods on a fiduciary basis as bailee for us.
You must store the Goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our Goods.
Despite any of the Goods remaining our property, you may sell or use the Goods in the ordinary course of your business at full market value for our account.
Any sale or dealing shall be a sale or use of our Goods by you on your own behalf, so that you deal as principal and not as agent for us.
Until title to the Goods passes from us the entire proceeds of sale of the Goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
We shall be entitled to recover the price notwithstanding that property in any of the Goods has not passed from us.
If we ask you to return Goods unsold you must do so.
If, when asked, you fail to return the Goods, we may enter to your premises and repossess the Goods.
You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.
You must keep the Goods insured to their full value against ‘all risks' to our reasonable satisfaction until sold on by you.
If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Goods, all money owing by you to us shall immediately become due and payable.
While ever we have title to any of the Goods, which you have attached to or incorporated into new goods, then:
1. title to the new goods shall vest in us;
2. you shall hold such goods as bailee of and to the order of us until we have received payment in full.
3. all our rights in relation to the Goods (including our rights under this agreement) shall extend to such new goods.

12. Liability for subsequent defects

We will not repair or replace Goods which become defective after delivery.

13. Goods returned

These provisions apply in the event that you return any Goods to us for being defective at the time of purchase or having been damaged in delivery transit:

1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
2. So far as possible, Goods should be returned:
  1. with both Goods and all packaging as far as possible in their original condition;
  2. securely wrapped;
  3. including our delivery slip;
  4. at your risk and cost.
3. You must tell us by email message to info@possumportraits.com.au that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
4. If delivery was made to an Australian address, you are also protected by the Sale of Goods Act and Competition and Consumer Act 2010.
5. If we agree that the Goods are faulty, we will:
  1. refund the cost of return carriage;
  2. repair or replace the Goods as we choose.

14. How we handle your Content

Our privacy policy is strong and precise. It complies fully with current privacy law.
If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control over who sees it nor what anyone does with it.
We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act1968.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 14.10 above.

15. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

1. be unlawful, or tend to incite another person to commit a crime;
2. consist in commercial audio, video or music files;
3. be sexually explicit or pornographic;
4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
6. be made on behalf of some other person, or impersonate another person;
7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10. link to any of the material specified in this paragraph;
11. use distribution lists that include people who have not given specific permission to be included in such distribution process;
12. send age-inappropriate communications or Content to anyone under the age of 18.

16. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

1. hyperlinks, other than those specifically authorised by us;
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information.

17. Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
2. we shall remove the offending Content as soon as we are reasonably able;
3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
4. we may re-instate the Content about which you have complained or we may not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

18. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
3. download any part of Our Website, without our express written consent;
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
7. share with a third party any login credentials to Our Website;
8. Despite the above terms, we now grant a licence to you to:
  1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.

19. Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All conditions, warranties or other terms implied by the law of any county other than the Australia are excluded from this agreement to the fullest extent permitted by law.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
1. the quality of the Goods;
2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
3. the correspondence of the Goods with any description;
4. the adequacy or appropriateness of the Goods for your purpose;
5. the truth of any Content on Our Website;
6. compliance with any law;
7. non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods or services you have purchased.

20. Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

21. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim arising from your use of the Goods;
5. a breach of the intellectual property rights of any person.

22. Intellectual Property

Copyright works owned by you or a third party are unaffected by this agreement.
The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.

23. Miscellaneous matters

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery. It shall have been deemed to have been delivered on the day of delivery (if delivered by hand) and within 72 hours of posting (if delivered by post to the correct address).
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.