Memory Lane Impressions – Terms and Conditions

Terms and  Conditions

Terms and Conditions are subject to change without notice.

Photos / Birth Certificates

  • Photos and/or birth certificates are to be supplied by the customer at their expense.
  • Birth certificates are to be available on the day of the casting appointment or delivered to Memory Lane Impressions (MLI) when available.
  • MLI will not be liable for delays in the completion of the final product where late supply of photos etc. have occurred.
  • Delays in supplying a photo and/or birth certificate will impact the completion of the final product, as all orders are processed in date order. Where photos/birth certificates are supplied outside of the 3 weeks after the appointment date, the final product will be completed 6 weeks from supply of all components required to complete the frame.
  • Should you choose to supply a photo taken by yourself, MIL is not liable for the quality of the print.
  • MLI gives an allowance of two bad photo prints, additional costs will be incurred for extra photo printing beyond this.
  • MLI is happy to help make slight editing changes to photos. Heavily required editing will incur extra cost. Customers will be provided with a proof for your approval.
  • If you choose to print a photo and post it to MLI for use in the final product, MLI is not liable for the state in which the photo arrives. It is the customers’ responsibility to ensure it is packaged correctly for transit. We are happy advise the safest way if requested.
  • MLI has advised me that the photo profile I select will affect the layout of the overall product.
  • Photo’s that are supplied in digital format are to be submitted via email only. MMS text or Facebook messaged photos will not be accepted due to the quality of the file.
  • The photo is to be sized at 5×7 and to ensure no part of the photo is cut off it should have a 1cm clearance around the edge of the photo for mounting purposes. Resizing can be done on your behalf; however you will only be contacted if we cannot fit more that 90% of the photo in the photo window or the photo quality is poor.

Casting Appointment

  • MLI will always endeavor to get the perfect cast however; sometimes there can be slight imperfections that cannot be avoided. We will get the best possible cast that your child will allow on the day of the appointment.
  • MLI will always allow for 2 extra casts per child on the day of the appointment to ensure the best mould possible. Any extra moulds beyond this due to the lack of cooperation by the child will incur extra costs.
  • If in the event the child fails to cooperate the day of the appointment another day can be arranged to try again, however a travel fee will apply.
  • If a casting is attempted and aborted due to baby/child not co-operating a fee to cover travel, time and materials used will be applicable.
  • On the day of appointment extras such as additional plaques or custom moulding and travel fees must be paid in addition to the $50 deposit.
  • Deposit can be paid in cash or by card to the day (card facility incurs a 1.9% processing fee)
  • EFT of the deposit will NOT be accepted on the day of the appointment. EFT can be organised by arrangement but paid prior to the appointment.
  • After casting all casts require some level of clean-up to remove bubbles etc. We do are upmost to ensure all details is kept during this process however sometimes small details can be lost during this process.

Orders / Framing Selections

  • Orders must be finalised within 3 months of the appointment. In the event that this does not occur, casts will be disposed of and the initial $50 deposit will be forfeit plus any additional moneys paid to cover travel, extra plaques and/or upgraded frame.  MLI will make contact and give 7 days’ notice to finalise the order before proceeding to dispose of the moulds.
  • Orders for frames and plaques are placed the day of the appointment, therefore any change of mind regarding selections maybe subject to extra cost dependent upon how quickly our suppliers have acted on the order. If a supplier has commenced your order charges will apply to make any changes to your selections.
  • Due to changes in manufacturing sometimes frame colour/finish, mat colour and cast colour/finish can sometimes vary from batch to batch. MIL is not liable for these variations.
  • The final product turnaround time is approximately 8 weeks, dependent upon the timely supply of photo. Sometimes there can be delays due to a supplier or sickness but we will endeavor to notify you in the event of these situations as soon as possible. Please allow additional days for final product completion in the instance of public holidays occurring.

Frame Matching

  • At MLI we will do our absolute best to match frames as closely as possible. Sometimes due to changes to suppler or the suppliers modifying their product there may be some inconsistency to previous MLI products.  By using MIL again you the customer are agreeing to accept these variations.
  • We cannot guarantee a 100% perfectly matched frame.
  • We do not match cast colours.
  • Custom size frames will incur addition costs to cover frame size and framing that requires a special order.
  • Frames can sometimes be smaller if you the customer select a smaller frame moulding than your original.

Payment/Delivery

  • Delivery can be arranged for an additional cost of $10. Should you forget to be home on the date of the arranged delivery, extra cost will be applied to redeliver.
  • If you are unavailable for delivery on the specified date the delivery will then be deferred until we are next in your area or alternatively you are welcome to collect.
  • Payment can be made by EFT, cash on delivery or by card.
  • We accept all cards however using the card facility incurs a 1.9% processing fee.
  • If choosing to pay by cash on the day of the delivery, the customer must have the exact amount as we do not always have change available.
  • If paying the final balance by EFT a payment receipt must be provided a minimum of 24 hours prior to delivery.
  • The Customer must, within 14 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
  • If the Customer fails to collect the Goods or accept delivery within 14 days of being notified of their availability, MLI may terminate this contract, keep the deposit and the goods become the property of MLI and may be destroyed.
  • The Company reserves the right to charge the Customer storage on goods not collected or delivered within 14 days of notification of their availability at the rate of $20.00 per week or part thereof. Storage of goods is off MLI premises hence the storage fee applies.
  • MLI take care in packaging goods to ensure their protection in transit.  MLI takes NO responsibility for breakages or damages that occur during transit due to customer handling.

Inspection

  • Unless the Customer has inspected the Goods and gives written notice with supporting images to MLI within 24 hours after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

Change of Mind & Cancellation Policy

  • In the event that an incorrect selection has been made, the customer is to contact MLI in writing as soon as possible and within 24 hours to request an amendment.
  • If the order has not commenced, amendments may be approved in writing, at the discretion of MLI. Any amendments or variations to the original order may incur additional fees.
  • A customer may cancel an order within 24 hours of payment being made. In the event of cancellation the minimum $50 deposit paid and travel fee is non-refundable.
  • MLI will not provide a refund for change of mind; or for any orders cancelled after the 24 hour grace period.

Return & Refund Policy

  • MLI is not obliged to accept the return of any goods.
  • All goods are personally handcrafted by MLI. Thus, refunds are not provided unless the goods are faulty or contain a manufacturing defect.
  • Variations in colour and texture may occur and do not constitute a defect.
  • The customer acknowledges that imagery contained on the MLI website and social media accounts are indicative only, and the goods provided may differ. All goods are handcrafted and as such, may contain unique variations, which cannot be replicated.

Warranty

  • Except as expressed, MLI makes no warranties or other representations under these terms and conditions.
  • The customer agrees to abide by all care instructions as provided with the goods. MLI will not be held liable for the mistreatment or incorrect mounting of goods, or failure to follow the mounting care instructions.

Limited Liability

  • These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
  • MLI is not subject to, and the Customer releases MLI from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that MLI is not:
  • (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
  • (b) liable for any claim, damage or demand resulting from such non-compliance.
  • If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between MLI  and the Customer (Contract) then, to the extent to which MLI is entitled to do so, MLI liability under the statutory provisions is limited, at MLI option, to:
  • (a) replacement or repair of the Goods or the supply of equivalent Goods; or
  • (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
  • And in either case, MLI will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

Force Majeure

  • MLI will not be liable for any breach of contract due to any matter or things beyond MLI control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, strikes, lock-outs, work stoppages, riots or civil commotion, intervention or public authority, explosion or accident.

Newborn Photography Terms And Conditions

Photoshoot

We will always endeavor to get the perfect photos on the day of the session.  However we will require the cooperation of your baby.  If your baby is restless we will get the best possible photos that your child will allow on the day of the shoot.

We cannot guarantee a specific pose nor can we force your baby in a pose that they show to be uncomfortable with.  We prefer to work with the natural flow of your baby we can result in better photos.

Image Galleries

Where Memory Lane Impressions provides you with a link to your images of proofs the images will only be available for a limited time as specified by email.

Images

The client agrees the Photographer owns the copyright in these photographs including but not limited to all rights in preliminary materials and all electronic rights and hereby waives any claims the client may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. For purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, hard disks, flash media, removable storage media, computer databases, and network servers.

Due to the nature of digital images all orders of digital images are final and non-refundable. The photographer warrants that digital images will be supplied to the client uncorrupted and if advised by the client within 14 days of purchase of a damaged or corrupted image(s) will replace the image(s) free of charge.

Ordering and Payments

By booking a session the Client agrees to pay a minimum of 50% of the package as a session.

After your session photos will normally be ready for viewing within 3-4 weeks after the photo session. Then you need to select and order your images within 1 week of the gallery being made available to you. Photos are only guaranteed to be available to be ordered for 30 days from your photo session date. After this period photos may be deleted.

Cancellations

Either the Client or the Photographer may cancel the photoshoot without cost or penalty provided that 1 weeks’ notice is given to the other party. If the photographer needs to cancel the photoshoot then the photographer will assist if possible in helping the client find an alternative photographer.

In the event that the Client cancels a photoshoot giving less than 7 days’ notice then the photographer will evaluate on a case by case basis as to whether a refund of the session fee will be given depending on the circumstances of the cancellation. Whether or not a session fee refund is given is at the sole discretion of the Photographer.

If you have any questions regarding these terms and conditions, please do not hesitate to contact us.