Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the website – www.broomstickchickphotography.com.au. The website is owned and operated by BroomstickChick Photography by Dani Musicka, ABN: 54 603 714 716

The website offers visitors an online portfolio of my work to browse and buy as art prints on paper, canvas or stretched canvas.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy and website disclaimer, govern www.broomstickchickphotography.com.au's relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, "I", "My", "Me", “Us”, “Our” and “We” refers to BroomstickChick Photography and “You” and “Your” refers to you, the client, visitor, website user or person using my website.

AMENDMENT OF TERMS

I reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly prior to using the website to ensure you are aware of any changes. I will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use my website, then I will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.broomstickchickphotography.com.au's rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential precondition to you using my website that you agree and accept that BroomstickChick Photography is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in documents or information, any goods, or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

Goods and services purchased specifically from within the www.broomstickchickphotography.com.au come with guarantees that cannot be excluded, modified, or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular, Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010. BroomstickChick Photography's liability for any breach of a term of this agreement is limited to the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. All artworks are specifically made to order in Australia. Dispatch times vary from 1 to 10 business days depending on the product purchased. Delivery times once dispatched are typically 2- 14 days, depending on the delivery option. However, from time to time delivery times may be longer due to remoteness or other limitations placed upon BroomstickChick Photography by the delivery provider.

Damaged or lost orders should be reported to your local Australia Post store/agent, or the courier company directly. We are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of BroomstickChick Photography. However, please contact me at - dani@broomstickchickphotography.com.au

INTERNATIONAL ORDERS

International orders require a signature upon delivery, if you are not home during delivery your parcel will be taken to the nearest post office, where it is stored for 10 days before being returned to me. It is the customer’s responsibility to monitor their provided tracking information to ensure that their parcel can be signed for upon delivery or collected from the post office during that 10-day period. If the parcel is left uncollected it will be returned to the sender and the customer will be required to pay a second shipping fee to have their order re-shipped.

Damaged or lost international orders should be reported immediately to the postal carrier in your country and then to Australia Post, (https://auspost.com.au/help-and-support/answers?s=report+damage). BroomstickChick Photography is not responsible for goods that are damaged in transit or not received. However, please contact me at - dani@broomstickchickphotography.com.au.

Replacement of damaged or lost items is made at the discretion of BroomstickChick Photography.

RETURNS AND REFUNDS

BroomstickChick Photography manages returns and processes refunds in accordance with Australian Consumer Protection legislation. Using the Purchase Services to buy the Product directly through the Website, you agree that it is your responsibility to read the Product description fully including artwork dimensions, before making a commitment to buy the Product and you agree to the Purchase Price listed on the Website for the Product.

Change of mind is not a valid reason for returns and refunds.

Should you wish to return your order, please notify me within 7 days of receiving your purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased.

Unopened goods will be refunded in full on the condition the goods arrive undamaged. Refunds will be processed promptly, and payment made by the same method that you made payment. All refunds are made at the discretion of BroomstickChick Photography.

Refunds made by BroomstickChick Photography are for the cost of the returned product only. Shipping costs and any merchant fees associated with credit card or other electronic payments are excluded from any refund offered.

YOUR PRIVACY

At BroomstickChick Photography I am committed to protecting your privacy. I use the information I collect about you to maximise the services provided to you. I respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.

This website contains material that is owned by or licensed to me. This material includes but is not limited to, the design, layout, look, appearance, trademarks, images and other graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

BroomstickChick Photography expressly reserves all copyright and trademark in all documents, information, images and materials on the website and I reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and BroomstickChick Photography concerning your use and access to www.broomstickchickphotography.com.au's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and BroomstickChick Photography that results in litigation, then you must submit to the jurisdiction of the courts of Western Australia.

Updated: 28 May 2024.