TERMS AND CONDITIONS
Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.
If you purchase products through our Website or Studio, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
Definitions
Services means photography
Website means the website www.happypawsstudio.com.au
We I Us etc means Happy Paws Studio and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential). suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: admin@happypawsstudio.com.au
Errors
From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
Availability
All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
Excusing events
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
Entire Agreement
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
Alterations
We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Images are copyright to Happy Paws Studio.
Screenshots of images are not to be taken. Any images posted on our social pages may be shared by you on your own social media (in fact we encourage it!) but images are not to be screenshot, printed or the logo removed, and must be credited to Happy Paws Studio in all instances.
Refund & Returns Policy
All products from Happy Paws Studio are printed to the highest standard using archival inks and high quality, long lasting canvas and photo paper.
Your order will be delivered, posted or available for pickup 4-6 weeks after it is placed. All orders are to be inspected by you at pickup or delivery to ensure they meet your approval.
Wall art items can be easily damaged, please handle your items with extreme care. Damage incurred as a result of improper handling or hanging is the responsibility of the client.
Under the Trade Practices Act 1974, you may seek a refund if items:
- are or become faulty through no fault of your own
- are not fit for a stated purpose or a purpose you made known
- do not match the description
- have defects that were not brought to your attention.
The item must be returned within 7 days. Prior to returning products to Happy Paws Studio, please request confirmation by emailing and including the following:
- First name and surname
- Product details
- Reason for return
- Actions you would like us to take which may include exchange or refund
Happy Paws Studio does not offer refund on items that have been incorrectly selected or change of mind.
Please feel free to get in contact if you wish to discuss any aspect of your refund or exchange.
Only the owner of the pet that is photographed is to be the person with whom all communications are with and contracts and booking documents are completed by therefore only those over the age of 18 years are eligible to enter our giveaways, competitions, prizes and model callouts.
We require the contact details of all pet owners so we can ensure they are equally informed of the photoshoot process and associated costs with additional prints, products and digital files
Booking fees are non-refundable until after the purchase appointment. Cancelled photoshoots may mean loss of session or booking fee. Any refund offered will have any costs incurred deducted (such as credit card fees and administration).
Any late cancellations (less than 48 hrs) or no shows for photoshoots requires a full session fee to be paid for any reschedules.
Any late cancellations (less than 24 hrs) or no shows for purchase appointments will be charged for an additional appointment.
Session fee does not include digital files or print products unless otherwise stated. Digital files and print products are purchased at additional cost. Contact us for current pricelist.
Gift vouchers:
*Gift vouchers are not refundable.
*Any offers or specials cannot be used in conjunction with any other offer or voucher.
*Gift vouchers cannot be used for our limited edition or special mini session or Christmas photoshoots.
*Gift vouchers and wall-art credit are not transferable or redeemable for cash.
*Gift prints offered as part of vouchers cannot be “upgraded”.
*Sessions only include what is on the gift voucher and prints and digitals files are additional cost (price list is provided from first contact).
*All gift voucher bookings incur a booking fee which is then refunded at the purchase appointment. This booking fee is forfeited in event of no-shows or late cancellations.
*Please note Gift Voucher expiry dates are now less than 12 months from purchase and there is no guarantee of extension of voucher beyond the expiry due to our plans to reduce our availability over the coming year.
(All our GVs are sold below market value.)
Any special offers or prizes must be redeemed during the initial purchase appointment or they will be voided. If the client opts to only take the prize on offer and does not wish to purchase any additional photos, then the prize photo will be selected immediately after the photoshoot and no purchase appointment will be made.
All complimentary sessions incur a booking fee which is then fully refunded at purchase appointment (or put towards print credit). These complimentary sessions may include, but not limited to, sessions won as prize, vouchers gifted by 3rd party business or organisation, referral vouchers. If client is late or no show at any appointment, then the booking fee is forfeited.
Unless otherwise stated, any prizes or sessions won as part of a giveaway or competition (whether our’s or a third party), must be claimed and booked within 6 weeks of notice of receiving prize.
Competitions, giveaways and model callouts – you must be available by phone for a chat prior to confirming your photoshoot and you must be contactable in order to claim your prize or voucher. If messages or calls are not replied to within 24 hours, any prize offered will be forfeited and offered to another.
If offered or won, clients and their pets are limited to one complimentary photoshoot per household in a twelve month period (exception to this are those clients on a repeat client policy voucher or puppy package and similar).
Those who have been previously offered complimentary photoshoots are ineligible to enter our giveaways, competitions, prizes and model callouts in the same 12 month period. This also applies to our gift vouchers won in competitions, raffles, etc, from other sources (eg other businesses or charities). Complimentary sessions may not be combined with any other session.
In other words, a household is unable to receive more than one complimentary photoshoot from us in a 12 month period, regardless of where it the voucher is sourced from.
Should your pet/s come into season, have a litter, suffer from any illness or infectious disease, please advise ASAP and we will need to reschedule your session.
If your pet is dangerous or destructive to photographer, studio or others, then the photographer reserves the right to cease the photoshoot immediately.
If your pet is uncooperative or has little or minimal training, you may be limited in your choice of photos. The owner and the main handler of the pet must attend the photoshoot. We are not obliged to refund any session fees paid if we are unable to photograph any uncooperative pets.
Model callouts – If you have misrepresented your dog’s level of training and they are uncooperative during their model callout photoshoot, the photoshoot will be completed to the best of our ability however you will forfeit any additional incentives that were offered so we may offer to another more suitable ‘model’.
Only bring the pets booked, if you wish to add additional animals after booking, please check we have availability for this prior to your appointment. If time or circumstances do not permit extra pets, and sufficient notice given, a new session time and date will be offered. Extra pet fees apply.
Please contact us first if you wish to bring any children or additional people to the studio. We do however encourage you to bring additional handlers for multi-pet households. Please, no young children due to health and safety requirements of our working environment.
Any digital files purchased are licensed for personal use only and not to be on-sold or used for commercial purposes (this applies to any high or low resolution files supplied).
Any and all commercial enquiries for access to the digital files are to be referred to Happy Paws Studio. Images may not be used by clients for competitions, commercial marketing purposes, or as reference material for artworks. Commercial interests may include, but are not limited to, breeders, groomers, pet merchandise retailers, boarding kennels, trainers. They may contact us to purchase their own copies from us. They are not, however, to be given access to client copies of files that they can subsequently use in their own marketing.
Digital files that are supplied low-resolution for social media purposes have been resized suitable for social media and therefore are not to be printed or the watermark removed. The smaller ‘social’ files can however be shared with family or friends and on your social media pages.
High-resolution files (where applicable) are supplied in high quality JPG only. They may be printed – please be aware colour profiles vary between print labs and no guarantee of colour reproduction or quality of print is guaranteed. RAW files are not supplied to the client.
Order cancellations need to be made in writing within 3 days of order (prior to manufacture/printing) however editing fees of $25 per image are applied. Outside of 3 days, all payments will be forfeited.
Late payments will incur a late payment fee and/or cancellation of any complimentary offers such as referral gift vouchers, print credit or complimentary digital files.
Any problems with the products (whether digital or print) must be brought to our attention within 3 days of receipt of product.
Images will be archived 30 days after your photoshoot and a fee of $350 will be required to retrieve them after this time. The retrieval fee is, however, credited towards any purchases made. Unordered images are not retained after 12 months.
Editing – The photos will be edited in the photographer’s style as seen in the online folio, website and on socials. Images are only full-edited after the purchase appointment on those photos that are selected for purchase.
Hair fall and dirt on backdrops will be removed, eye boogers, bits of dirt or treat crumbs removed. Tear stains around eyes and beards are not removed, they may be lightened marginally but are not removed entirely. Elements that are permanent, such as birth marks, lumps, remain unless specifically requested by the client to be removed. This must be requested at the time of the purchase appointment.
If a dog has had recent surgery and therefore has shaved patches, please contact us first if we may need to reschedule.
Dogs where possible will be photographed without collar and lead but if they are not staying still, we may need to pop a lead on to keep them still. Collars and leads can be edited out but harnesses and large collars (such as martingales) will not be edited out without additional fee charged.
Poor grooming and excessive dirt will not be edited or “Photoshopped” out. Occasional stray hairs etc will be tidied during editing stage but clients are requested to ensure their pet is nicely groomed or bathed and brushed prior to your photoshoot.
Excessive editing requests may be charged at an hourly rate