ONLINE SHOP TERMS & CONDITIONS
The SunnyStudios.com.au website and online shop is owned and operated by the Rocky Barcoo.
Our Delivery/Shipping and Returns policy is stated with each product listing.
All items for sale on this website are copyright and may not be re-sold or used for commercial purposes without the express permission of the author or creator. We will go after copyright violators.
To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
If you are underage please ask your parents to buy for you.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, 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, less any charges and applicable taxes and duties, at our discretion.
There is no need to register with our website to make purchases from our online store. We want your shopping experience to be as comfortable and easy as possible.
Once you submit an order, you can only cancel it subject to acceptance by us, at our discretion.
We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise. Delivery charges and taxes will be shown on the product listing, if applicable. All prices are subject to change without notice.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will commence once payment has been processed/validated. We accept payment by Visa, MasterCard using PayPal. Credit card details are processed using at least SSL 128 bit encryption and are not stored by us.
Large transactions may involve additional screening and we will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
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 account for the amount charged.
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, or to explain how long it will take to replace stock. 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.
We provide files for download. After payment you will receive an email confirming your purchase, and another email with the link for you to download the file.
Some merchandise items are sold with shipping included. Other items may incur a shipping cost, depending on the product. We ship within worldwide. Large orders may incur an additional shipping fee. For other destinations, shipping cost is determined by destination, weight and shipping method. International shipping prices are available on request.
It is your obligation to enter the correct delivery address details at the time of ordering.
To avoid loss of your order our courier service insures each package up to $1,500 value. Should you purchase an item worth more than that it is your responsibility to insure it for shipping.
We do not replace any orders.
We are not liable for any loss or damage resulting from late delivery or non-delivery. Late delivery does not entitle you to cancel your order.
If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage during and after delivery.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most orders should arrive within 5 to 10 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing firstname.lastname@example.org or calling the phone number shown on our Contact us page. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the Post Office or courier and advise you of any issues that are discovered.
If you choose to sign for your item you will generally need to be available between 7.00am and 5:00pm to receive the delivery. You have the option to choose a different delivery address than your billing address. For example you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
If you receive any goods in a damaged condition, we may issue you a credit in the amount paid for the goods or send replacement goods at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.
Risk of damage, loss or deterioration to goods passes to you on delivery in accordance with these Terms.
Goods ordered by you remain our property until you pay for them in full. We will not ship any orders until payment has been made in full.
To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at our option.
We are not responsible for the use you put our products to. It is your responsibility to place stickers and other materials responsibly.
In addition to your statutory rights, if you change your mind we will happily exchange or refund your item/s providing the following conditions have been met:
- The items are returned within 30 days of the purchase date and the original sales receipt is present.
- Items must be in original condition as purchased, with all labels/tickets attached. Garment must not have been worn.
Returns/exchanges can be sent to:Sunny Studios Returns
PO Box 7802
If you return items to us that do not comply with the above requirements, we will return them to you at your cost.
PACKING PROBLEMS Please check your items against your receipt. If there are any discrepancies please email email@example.com or call our Customer Service line the number shown on our Contact us page as soon as possible within 30 days of purchase date. Reports made after 30 day may not be accepted, subject to the merchant’s discretion.
Limitation of liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
Notices to you
We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.
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.
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.
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.
These Terms are governed by the law of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and its appellate courts. No other laws, whether within Australia, or offshore, such as UN, US or other entity apply.