These Terms and Conditions govern the use of the website www.boomsonicprints.com together with its online store (the “Website”) as owned and operated by Boomsonic Prints (ABN: 93 732 564 400) (“Boomsonic”, “us”, “our”) and detail your agreement with Boomsonic as a Website visitor or customer (collectively referred to as “users”, “you”, “your”). Please read these Terms and Conditions carefully before accessing or using our Website.
By accessing or using any part of our Website, including, but not limited to, by creating an account, subscribing to receive our communications and/or by your purchase of the artistic prints and other products we may sell via our Website (“Products”), you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of these Terms and Conditions, then you may not access our Website or purchase our Products.
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting changes to our Website at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.
Should you have any questions or concerns please contact us: [email protected]
1. Online store:
1.1. You can browse, select and order Products from Boomsonic via our Website’s online store.
1.2. To purchase Products via our Website, you must create an account. You acknowledge that when you purchase Products via the Website or create an account you will be required to provide accurate personal and billing information and you agree to provide that information in full, complete and accurate form, as required by us.
1.4. If you do not have an existing account upon checkout, an account will be automatically created for you using the details you have provided when making your purchase.
1.5. You warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept the responsibility that fulfillment of your order is predicated on the information that you have provided to us.
1.6. Our Website is intended for use by persons aged 18 years or older. Users under 18 must ask a parent or guardian for permission before purchasing any Products from our Website.
1.7. Notwithstanding anything else in these Terms and Conditions, Boomsonic reserves the right to decline or accept orders made through the Website.
2.1. All prices listed on the Website:
(a) are in US dollars unless otherwise specified;
(b) are fixed once your order has been confirmed, subject to payment being made at the time of purchase; and
(c) may change, at our discretion, without notice.
2.2. By purchasing our Products, you agree to provide full payment for the Products through our online system at the time of your purchase.
2.3. We accept payment for online purchases by credit card (Visa, MasterCard, American Express) or PayPal.
2.4. Payments via PayPal are subject to PayPal’s Terms and Conditions (we are not responsible for any interruptions or delays in these services or facilities).
2.5. You agree to pay delivery charges as they are calculated and listed in the order confirmation form at the time of your purchase.
2.6. Any communication from us acknowledging that we have received your order is for confirmation purposes only and does not place any obligation on Boomsonic to provide or dispatch the Products ordered until such time as your relevant billing, delivery and personal information can be verified and approved, and payment has been received.
2.7. You undertake and warrant that:
(a) all information you have provided for the purpose of purchasing the Products is correct and not misleading;
(b) you are fully entitled to use the payment card or account used to pay for your order; and
(c) you have sufficient funds in your payment card or account to cover the proposed payment.
3. Availability and delivery:
3.1. Our Products are made to order as limited print runs. Certain Products may therefore have limited quantities, be out of stock or be subject to long lead times. If estimated lead times are provided to you in such instances, these are approximations only and may be subject to change.
3.2. Delivery fees and timing may vary depending on the delivery location, the size and the weight of the package being delivered.
3.3. Orders will not be dispatched until full payment has been received. Once your package has dispatched, we will send you an email with tracking details. Tracking details for your order will also be accessible via your Boomsonic account.
3.4. Whilst every effort is made to ensure your package is delivered within a reasonable timeframe, you acknowledge that delivery time will vary depending on the delivery location and the nature of your order. Please let us know if you have concerns about your delivery and we will lodge an enquiry with our shipping service if appropriate.
3.5. You acknowledge and agree that you may be required to sign for delivery of your order, unless you grant us authority to leave your order at your delivery address when placing your order, in which case you agree that this authority gives us and our nominated couriers permission to leave the order unattended by the front door of the delivery address, or as otherwise reasonably nominated by you when placing your order, and releases us and our couriers from all responsibility and liability relating to the delivery of your order.
3.6. If there is an error with delivery that is due to your error, act or omission, you will be responsible for re-shipping at your own cost and any other associated fees resulting from the error.
3.7. You acknowledge and agree that upon delivery of your order, all risk passes to you in relation to your order, subject to the provisions of these Terms and Conditions.
3.8. You acknowledge and agree that orders to be delivered outside of Australia may incur customs fees upon arrival in the relevant country, and if so, you shall bear such customs fees.
4.1. Please choose your Products carefully as Boomsonic will only accept returns on faulty or damaged items. We do not offer refunds or exchanges for change of mind.
4.2. Should you receive a damaged Product, you must email Boomsonic at [email protected] with the photo evidence of damage and the complete shipping label within forty-eight (48) hours from accepting delivery.
4.3. You should not accept any packages that appear damaged. Instead, you should hand them back to the delivery company and immediately contact Boomsonic.
4.4. If, upon receiving a returned print, Boomsonic determines that any fault notified to us is a result of a manufacturing, supply or other fault (other than a fault by you or the recipients of the order), we will offer a replacement.
4.5. If, when offering a replacement, we cannot provide an exact replacement, you may elect to receive a refund of the price of the faulty or damaged Product or choose a Product of the same or similar value (with a refund by us or an additional payment by you if the total price of the Product and delivery is less than the original Products or more than the original Product respectively).
4.6. Please retain original packaging as we will require you to return a damaged or faulty item in order to receive a replacement or refund.
5. Intellectual Property:
5.1. All content featured, sold or included on the Website, including our Products, images, text, graphics, logos, audio, video recordings (including their underlying works) and software are either the intellectual property of Boomsonic, its licensors or associated third parties. All such materials are protected by national and international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
5.2. No image, logo trade mark or other copyright material belonging to Boomsonic or featured on the Website, whether registered or unregistered (including but not limited to the copyright in the Products) may be used, reproduced or exploited in any way other than as expressly provided under these Terms and Conditions, without the prior express permission of Boomsonic.
5.3. For the avoidance of doubt, you acknowledge and agree that Boomsonic owns and retains all copyright in relation to the Products sold on our Website.
6. Prohibited conduct:
6.1. You acknowledge and agree that under no circumstances will you engage in any of the following conduct, all of which is strictly prohibited:
(a) reselling a Product, unless expressly approved by Boomsonic in writing;
(b) using a Product as samples for the purpose of developing, manufacturing or creating a product that is substantially similar to our Products;
(c) using the Website for any purpose outside the terms provided under these Terms and Conditions;
(d) downloading, copying, recording, adapting, distributing or re-transmitting any or all of the Website;
(e) using any data-mining, tracking technology, robots, code or similar data gathering or extraction methods on any part of our Website;
(f) infringing or breaching any applicable laws or regulations in using or accessing our Website;
(g) using our Website for any other purpose other than its intended purpose, including, but not limited to using the Website or related materials for the purpose of competing with or displacing the market for Boomsonic; and
(h) using our Website or any of our Products for any purpose reasonably considered objectionable by Boomsonic, including, but not limited to, use of the Website for any obscene, discriminatory, abusive, violent, explicit, defamatory, vilifying, prejudicial, inaccurate, or otherwise inappropriate purpose.
6.2. If you become aware of misuse of the Website by any person, please contact Boomsonic: [email protected]
7. Refusal of access:
7.1. In the instance that you breach or fail to uphold any provision of these Terms and Conditions, Boomsonic reserves the right, in its sole discretion, to reject, refuse, restrict or terminate your access to all or any part of the Website at any time, with or without prior notice, and without liability.
7.2. Without limitation to the above, you acknowledge and agree that Boomsonic may, without notice, discontinue (temporarily or permanently) our Website or other services (or any part thereof), or terminate, revoke or otherwise limit your access to our Website at any time in the instance that:
(a) there is a technical or security issue, problem or discontinuance to our Website or services;
(b) you fail to provide reasonably required information or provide information that is incomplete, inaccurate or false; or
(c) you fail to make one or more payments for the purchased Products as and when payment falls due.
8.1. To the fullest extent permitted at law:
(a) Our Website, Products and services are provided “as is”, without warranty of any kind, either express or implied, unless expressly provided hereunder, and without limiting the foregoing, we expressly disclaim any warranties, express or implied, including warranties of fitness for a particular purpose or non-infringement, and any warranties arising out of the course of dealing or usage of trade;
(b) We make no warranty that your use of our Website or purchase of our Products will meet your requirements or produce a specific result, and we make no warranty as to the completeness, reliability or availability of any Product or as to the time of delivery or availability of any Product;
(c) Your reliance upon our Website is solely at your own risk. Boomsonic will not be responsible for any loss or damage, resulting from your use of our Website, or from the conduct of any users of our Website whether online or offline; and
(d) We assume no responsibility for any error, omission, technical malfunction, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, our Website, including any injury or damage to users or their computers, mobile or other devices related to or resulting from use of our Website.
8.2. Our Website is controlled and offered by Boomsonic from its facilities in Australia. Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
8.3. All Products, including those that refer to real-life aircrafts, are merely the artistic expressions of Boomsonic. We are not affiliated with any aircraft manufacturers nor do we claim any relationships of endorsement with any third parties.
9. Limitation on liability:
9.1. To the fullest extent permitted at law, in no event shall Boomsonic, or any other person or entity involved in creating, developing or delivering our Website or Products be liable to you or any third party for any damages (including without limitation lost profit, indirect, consequential, exemplary, incidental, special or punitive damages) arising from your use or inability to use our Website or Products purchased online, howsoever arising, even if Boomsonic or any associated third parties associated with our Website has been advised of the possibility of such damages.
9.2. Notwithstanding anything to the contrary contained herein, Boomsonic’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to replacement or a refund of the purchase price of a purchased Products only, if applicable.
10.1. To the fullest extent permitted at law, except where any loss, liability, claim or demand has been caused or contributed to by an unlawful or fraudulent act or omission by Boomsonic or its assigns, you agree to indemnify and hold Boomsonic and its assigns, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of our Website or Products in violation of these Terms and Conditions and/or any breach of your representations and warranties.
11. Applicable law:
11.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia and shall be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.
12. Contact us:
12.1. Please feel free to direct any questions concerns or complaints to [email protected]
12.2. Boomsonic will contact you regarding your concerns and will cooperate with the appropriate regulatory authorities to resolve any complaints regarding your use of our Website or Products that cannot be resolved internally.