1 The contract between us
1.1 Welcome to nillasphotography.com. This Nilla’s Photography (Company) website is owned and operated by Nilla Sacchetti (ABN: 30 155 306 708) (“we”, “us”, “our”).
1.2 Please read these Terms and Conditions (“Terms”) carefully as they set out the rules for how we run our Sites (“Sites”), supply consumer Products, and deliver the features and/or functionality (“Services”) offered by the Sites and our API platform. These terms and conditions govern your use of the product fulfillment service offered via this Site (“Service”) and all orders placed by you for products based on the content and imagery advertised on this Site (“Products”).
1.3 By browsing, accessing, or purchasing photographs from this site, you (“the Buyer”, “you”) agree to be bound by these Terms and our Privacy Policy. We reserve the right to alter, suspend, or discontinue our Sites and Apps— in whole or in part—at any time at our sole discretion.
1.4 By using any of the Services provided by the Sites or Platform or offered via any associated apps (“Apps”), you are agreeing to be bound by these terms and conditions, which together with our Privacy and Disclosure Policy, govern our relationship with you in relation to the Site, the Products and our Services. If you disagree with any part of the terms, then you may not access the Sites, Platform or Apps. By selecting or confirming the “Accept” button as part of your account creation or sign-up, you accept and agree to be bound by these terms and conditions, which shall govern the agreement between us.
If you do not accept these Terms, you may not use our Sites, Platform, Apps or Services.
2 Intellectual Property and Copyright
2.1 All photographs, digital images, and content on this site are the exclusive property of Nilla’s Photography and are protected by the Copyright Act 1968 (Cth).
2.2 Purchase of a photograph does not constitute a license for use, nor a transfer of copyright ownership, unless explicitly agreed in writing.
2.3 You must not sell, redistribute, alter, or claim the photographs as your own work.
3 Specifications
3.1 The Company has made every reasonable effort to display on the Site as accurately as possible a description of the Products. However, some slight variations may occur from time to time relating to the colours and the appearance of the images, from the way they appear on screen. Also, sizes and material specifications may slightly vary each time.
4 Purchase and Payments
4.1 All orders placed by you through our Site will be subject to these terms and conditions.
4.2 The price for the Products that you order will be the price quoted on the Site at the date the order is received.
4.3 All prices are in United States Dollars (USD).
4.4 Payment must be made in full before any physical product goes to production.
4.5 All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).
4.6 We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the Products has been received, we will confirm that your order has been accepted.
4.7 Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.
4.8 If there are any problems with your order, you will be contacted by a member of the customer services team.
5. Delivery
5.1 The Company aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.
5.2 All deliveries must be signed for (please ensure that the Products delivered match the driver’s paperwork and that the Products are undamaged), and you should keep your delivery note and packaging. You are required to notify customer services at nillasphotos@gmail.com within 14 days if any Products are missing or damaged on delivery. Please refer to paragraph 9.2 below.
5.3 Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.
5.4 It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any Products purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
5.5 The vast majority of products are produced within 24-48 hours. However, more complex products, such as handmade canvas prints, can occasionally take up to seven days to make. Items are typically received within 6–10 working days after leaving the print lab. However, this timeframe does not include Customs Clearance if applicable to your country.
6 Your Right to Cancel
6.1 Bespoke Orders: All Products are tailored to your unique specifications (“Bespoke Orders”). By confirming your order, you expressly agree that the order is non-refundable and cannot be modified once production has commenced. This includes but is not limited to the product details, shipping method, and both delivery and return addresses. Your acceptance of these terms acknowledges the custom nature of your order, exempting it from the typical cancellation rights under Australian consumer law due to its bespoke commission status.
6.2 Amendment or Cancellation of Bespoke Orders: You may amend or cancel your Bespoke Order before its submission to production. Once the order has been submitted for production, we may still consider requests for modifications to certain details, such as the shipping address or delivery method. Our Customer Services team will assess these requests and inform you of the feasibility of making such changes and any costs involved. Please submit any requests for changes in writing to the address provided or via email at nillasphotos@gmail.com.
7 Cancellation by Us
7.1 We reserve the right to cancel any order (or any part of the order) if, for any reason:
- 7.1.1 Products ordered by you are no longer available
- 7.1.2 Products are withdrawn from our Service by the authorised licensees or the copyright owners
- 7.1.3 Products cannot be supplied to you in the country where you reside
7.2 We endeavour to make sure that all prices advertised on the Site are correct. However, if we discover that the Products you ordered were listed at an incorrect price, we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order, we will refund any payments made.
7.3 We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
7.4 We may terminate or suspend your use of and registration on this Site at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.
7.5 We reserve the right to modify, suspend or discontinue this Site, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
7.6 You agree to indemnify us and hold us harmless from any, and all third-party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this Site, the Service or any Products.
8 Warranties and Liability
8.1 Images are provided “as is”. We make no warranties regarding the suitability of the image for a specific purpose.
8.2 Under Australian Consumer Law, certain guarantees cannot be excluded. Our liability for any breach is limited, where permitted by law, to the re-supply of the product or a refund of the purchase price.
8.3 We are not liable for any third-party claims or damages resulting from your use of the images.
9 Governing Law
9.1 These terms are governed by the laws of Australia and the state of Queensland.
10 Your Information
10.1 You are personally liable for any orders that you place and charges that you incur.
10.2 As a user of the Site you will need to set up and maintain an account on the Site. You are solely responsible for keeping your passwords confidential and secure at all times.
10.3 You should notify us immediately if you become aware of any unauthorised access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
10.4 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this Site or the Service (“Registration Data”). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Site and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the Site.
10.5 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.
Need help?
For questions or comments regarding these Terms and Conditions, reach out to us at:
Nilla’s Photography
PO Box 15331
City East, QLD, 4002
Australia
Alternatively, use the Contact form or email us here.