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Terms of Sale

Terms of Sale

Products

Application of Terms

  1. All purchases of products from the SUNSTUDIOS Store are governed by these Terms of Sale. By ordering products from the SUNSTUDIOS Store you agree to be bound by these Terms of Sale. If you are reserving a space or Hire Equipment, please refer to the Studios & Hire Equipment Terms. 
  2. SUNSTUDIOS reserves the right to change these Terms of Sale at any time, however such changes will only apply to orders accepted by SUNSTUDIOS after that time.
  3. SUNSTUDIOS' Privacy Policy and Terms of Use also apply to your use of the SUNSTUDIOS Store. To the extent of any inconsistency, these Terms of Sale prevail.

    Orders

  4. An order placed by you within the SUNSTUDIOS Store is an offer to purchase a product from SUNSTUDIOS. SUNSTUDIOS reserves the right to reject any order for any reason.
  5. You may not cancel an order once it has been submitted.

    Cancellation due to Error

  6. You acknowledge that despite our best efforts, products may be displayed with incorrect pricing or other information, or may be out of stock, due to an error or oversight. In such circumstances, and subject to applicable law, SUNSTUDIOS reserves the right to cancel an accepted order, in which case any payment received will be refunded.

    Pricing

  7. The prices of products and delivery will be as specified within the SUNSTUDIOS Store at the time of placement of your order. Those prices include GST.

    Delivery

  8. Orders over $100 inc. GST will have Standard delivery to addresses within Australia for free, with some exclusions. SUNSTUDIOS does not deliver to post office boxes (or similar services), or outside Australia.
  9. Any delivery dates specified within the SUNSTUDIOS Store and/or in any communication from SUNSTUDIOS to you are estimates only. While SUNSTUDIOS will use its best endeavours to meet such dates, we will not be liable to you for any failure to do so.

    Vouchers and Store Credit

  10. From time to time SUNSTUDIOS may issue SUNSTUDIOS Store vouchers with discounts or promotional offers to be redeemed at the SUNSTUDIOS Store checkout. Vouchers are subject to the additional terms and conditions specified on the voucher.
  11. SUNSTUDIOS store credit is only available to those with a SUNSTUDIOS Store account. If SUNSTUDIOS issues you with store credit, this will be linked to your account and the value may be applied at the checkout. SUNSTUDIOS store credit is not exchangeable for cash.

    Mixed Payment Methods

  12. Except for vouchers and store credit (which may be redeemed at the checkout with the remainder paid using an alternative payment method), it is not possible to mix payment methods.

    Title and Risk

  13. Title, and risk of loss or damage to the products, will pass to you on delivery of the products to the address identified in your order.
  14. A signature is required on delivery and it is your responsibility to ensure someone is available to sign for your order.

    Your Obligations

  15. You represent that any information provided by you when placing an order is up-to-date, materially accurate, and sufficient for SUNSTUDIOS to fulfil your order.
  16. You represent that you have legal capacity to enter into a contract.
  17. You are responsible for keeping your password and other access details secure against unauthorised access. You release SUNSTUDIOS from any liability incurred as a result of any activity that occurs using your user details.
  18. You represent and agree that you are not acquiring products for the purposes of reselling them.

    Warranties and Consumer Guarantees

  19. All products from the SUNSTUDIOS Store are supplied with a SUNSTUDIOS voluntary warranty on SUNSTUDIOS’ standard warranty terms.
  20. Products from the SUNSTUDIOS Store are also covered by consumer guarantees under the Australian Consumer Law.
  21. An online returns process is provided for particular circumstances.

    Limitation of Liability

  22. In relation to products which are not ordinarily acquired for personal, domestic or household use or consumption, and which fail to comply with a consumer guarantee under the Australian Consumer Law, SUNSTUDIOS limits its liability to its option of: 
    a. replacing the products or supplying equivalent products; 
    b. repairing the products; 
    c. paying the cost of replacing the products or of acquiring equivalent products; or
    d. paying the cost of having the products repaired.
  23. Subject to law, clauses 19-22 above state the full extent of our potential liability to you in respect of the supply of products from the SUNSTUDIOS Store. All other potential liabilities are expressly excluded.
  24. If any provision of these Terms of Sale is unenforceable for any reason, such provision shall be severed from these Terms of Sale and the remaining Terms of Sale will remain in full force and effect.
  25. These Terms of Sale are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Events

Application of Terms

  1. Subject to the following all orders placed through the SUNSTUDIOS Store to reserve a space for an event or tour (“Event”) are governed by these “Event Terms”. By submitting an order, you agree to be bound by these Event Terms.
  2. Information about, and any further criteria for participation in the Event published by SUNSTUDIOS (“the Event Criteria”) forms part of these Event Terms.
  3. SUNSTUDIOS reserves the right to change these Event Terms at any time, however such changes will only apply to orders accepted by SUNSTUDIOS after that time.
  4. SUNSTUDIOS' Privacy Policy and Terms of Use also apply to your use of the SUNSTUDIOS Store. To the extent of any inconsistency, these Events Terms prevail.

    Orders
  5. An order placed by you within the SUNSTUDIOS Store is an offer to reserve a space at an Event. SUNSTUDIOS reserves the right to reject any order for any reason.
  6. You may not cancel an order once it has been submitted.

    Cancellation due to Error

  7. You acknowledge that despite our best efforts an Event may be displayed with incorrect pricing or other information, or may be sold out, due to an error or oversight. In such circumstances, and subject to applicable law, SUNSTUDIOS reserves the right to cancel an accepted order, in which case any payment received will be refunded.

    Pricing

  8. The prices of events (if applicable) will be as specified within the SUNSTUDIOS Store at the time of placement of your order. Those prices include GST.
  9. Any ancillary costs associated with your participation in an Event, including but not limited accessing any website connected with the Event, travel expenses, meals, or accommodation are not included, and are your sole responsibility, unless otherwise indicated.

    Confirmation of Order

  10. You will receive a confirmation of your order via email. Subject to clause 7 above, your place is reserved upon receipt of your confirmation of order.
  11. You must bring evidence of your confirmation of order to the Event.

    Age Requirements for Participation
  12. Unless otherwise stated, anyone participating in the Event must be at least 13 years of age. If a person participating in the Event is under the age of 18, they must be accompanied by a parent or guardian who has also reserved a place at the Event (unless otherwise agreed).

    Legal Release and Hire Forms
  13. As a condition of participating in the Event, you may be requested, and you agree to sign any legal documentation as and in the form required by SUNSTUDIOS or its third party service provider or Event partners, including but not limited to a legal release form and/or equipment hire form. SUNSTUDIOS will use reasonable endeavors to provide you with access to such documentation before you submit your order.

    Attending the Event

  14. Please arrive on time. If you arrive late, the Event may commence without you.
  15. Participation in an Event may at times require you to travel or participate in activities requiring physical fitness. You are responsible for ensuring you are in suitable attire and physical condition. Any medical condition, medication being taken or any other factor that may affect your health or participation must be notified to SUNSTUDIOS prior to the Event. Participation indicates you certify you do not have any physical or other conditions that may hinder your participation in the Event or which might present a potential risk to yourself, SUNSTUDIOS, its third party providers or partners or to other participants.
  16. SUNSTUDIOS reserves the right to decline or remove any participant from an Event for any reason, including if their conduct or condition is deemed to pose a risk or nuisance to others or to the participant.

    You May be Filmed or Photographed at the Event for Promotional Use

  17. From time to time, SUNSTUDIOS may take photographs or capture film of participants at an Event. Please notify SUNSTUDIOS or the Event leader/s if you do not wish to be photographed or filmed.
  18. Except where you notify SUNSTUDIOS or the Event leader/s that you do not wish to be photographed or filmed, you consent to SUNSTUDIOS using your likeness, image and/or voice as captured in any photographs or film (“the Content”) for the purpose of promoting SUNSTUDIOS, the Event or future Events in any media, including online media such as SUNSTUDIOS’s official social media pages and website. SUNSTUDIOS is not obliged to use the Content. SUNSTUDIOS may edit the Content prior to publication without seeking your approval and is not required to acknowledge you when using the Content. You agree that you do not own any intellectual property rights in the Content.

    Vouchers and Store Credit

  19. From time to time SUNSTUDIOS may issue SUNSTUDIOS Store vouchers with discounts or promotional offers to be redeemed at the SUNSTUDIOS Store checkout. Vouchers are subject to the additional terms and conditions specified on the voucher.
  20. SUNSTUDIOS store credit is only available to those with a SUNSTUDIOS Store account. If SUNSTUDIOS issues you with store credit, this will be linked to your account and the value may be applied at the checkout. SUNSTUDIOS store credit is not exchangeable for cash.

    Mixed Payment Methods

  21. Except for vouchers and store credit (which may be redeemed at the checkout with the remainder paid using an alternative payment method), it is not possible to mix payment methods.

    Your Obligations

  22. You represent that any information provided by you when placing an order is up-to-date, materially accurate, and sufficient for SUNSTUDIOS to fulfil your order.
  23. You represent that you have legal capacity to enter into a contract.
  24. You represent that you have read and will comply with the Event Criteria.
  25. You are responsible for keeping your password and other access details secure against unauthorised access. You release SUNSTUDIOS from any liability incurred as a result of any activity that occurs using your user details.
  26. You represent and agree that you are not submitting orders for the purpose of reselling your Event reservations.

    Cancellations

  27. Cancellations for change of mind are not permitted unless otherwise specified.
  28. Subject to clause 34 below, and unless otherwise specified, the Event will continue to run in the rain.
  29. If the Event is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the control of SUNSTUDIOS, including, without limitation, extreme weather conditions, the Promoter reserves the right in its sole discretion, to the fullest extent permitted by law to modify, suspend or cancel the Event. SUNSTUDIOS will use reasonable endeavours to make contact with you prior to the commencement of the Event in such situations.

    Limitation of Liability

  30. Nothing in these Event Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").
  31. Subject to clause 35, and to the fullest extent permitted by law, SUNSTUDIOS expressly excludes all other direct or indirect liability arising in any way from your order and/or participation in the Event.
  32. If any provision of these Event Terms is unenforceable for any reason, such provision shall be severed from these Event Terms and the remaining Event Terms will remain in full force and effect.
  33. These Event Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales about any proceedings in connection with the Event or these Events Terms