Racquet Film's Policy Summary
Click the associated tab for a full brief.
This website is operated by Racquet Film. Throughout the site, the terms “we”, “us” and “our” refer to Racquet Film. Racquet Film offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE DEFINITION
Racquet Film’s eCommerce store is a hybrid of a generic store – in which stock is all readily available in a centralised location – and a marketplace – such as eBay, where various sellers are provided with a platform to sell goods to the general marketplace. Racquet Film’s store uses established distributors to build a database of products that they either (a) have readily available in stock at their Milton store or (b) can easily purchase upon request. In purchasing a camera, lens, accessories or similar, you acknowledge that this item may be subject to shipment from Racquet Film’s distribution centre, and it may vary in some manner to the photo that is shown in the picture. Despite this, Racquet Film uphold the best quality in all their products and will never sell an item that is not of the highest quality.
SECTION 2 - ONLINE STORE TERMS
By accessing our website, browsing our online inventory and potentially making a transaction using our ecommerce terminal, you acknowledge and accept these Terms of Service. In doing so, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including - but not limited to - copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your right to access the site, actioned by Racquet Film in any manner that is feasible, fair and without excess force toward the User.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service or the sale of any item on our website – irrespective of the specific terms in which detail it - to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Product, use of the Service or Product, or access to the Service or Product, inclusive of any contact on the website through which the Service or Product is provided, without express written permission by us, the Brand. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Despite our best efforts, We are not responsible if information made available on this site is not accurate, complete or current. The eCommerce section of this website is a high-volume aspect of the business and therefore Racquet Film enact certain measures to help (a) keep inventory present on the website and allow users of the Website to view it while (b) not wasting excess amount of time photographing and updating minor information in order to keep all aspects of the Website 100% current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk and – as per the Definition used to describe the Online Store – direct purchases should be reserved for those with a certain level of flexibility. It is encouraged that those browsing the site and considering purchasing an item contact us directly – using the email links in all associated Website listings – and reference the item. While this isn’t a requirement and can slow down the process for those who are confident in what they wish to purchase – it allows Racquet Film to provide the most up-to-date and accurate information on the item you are considering. You acknowledge that this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. As the User of the Website, we ask that you utilise the tools made available to you, including direct contact with us, to ensure you have the most information about any given product prior to purchasing.
Racquet Film provide extensive aftersales service and pride themselves on their ability
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Racquet Film, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Racquet Film and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 20 - CHANGES TO TERMS
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Overview & General Terms
The goal of our shipping policy is to (a) inform customers of the website of shipping costs and options and (b), explain delivery times to the best of our ability. In purchasing a product or otherwise from the Racquet Film store (the 'Website'), the consumer acknowledges and accepts these shipping terms. The buyer also understands that deliveries are conducted by an established delivery/courier service, who remain - by definition - a third-party to Racquet during the transaction. As such, once fulfilment is complete and the item is lodged with the chosen carrier, Racquet remove all extent of liability from themselves - within the extents of Australian Consumer Law - and pass it onto the designated carrier. From the time the parcel is lodged by any member of Racquet Creative, to the time it reaches the Customer, any deviations in time, method of travel, updates or other similar and unfortunate circumstances can no longer be seen as the responsibility of Racquet. Despite this, in the unlikely event an issue does arise during the transportation of your goods, Racquet ensure they will act fairly and in a prompt manner, doing whatever they can - within reason and without financial ramifications - to rectify the issue.
As per 'Section 1: Online Store Definition' in our Store Policy document, Racquet Film's operational structure is unique and does not fall within the traditional parameters of consumer-direct 'retail/eCommerce' stores, nor does it align (even slightly) with consumer marketplaces in which an almost entirely non-regulated group of sellers pool their items together. Racquet are much closer to a traditional eCommerce store, however to increase inventory capabilities and offer a wider variety of stock to our customers, in certain circumstances our stock will remain with our distributor until an order is places.
This is an imperative part of Racquet's shipping policy because it means we are unable to provide exact handling times. This means that upon placing an order, we can confirm the order the same business day, however it can then be between one and seven working days for dispatch, pending which supplier has what stock.
Usually this is not problematic, however we do feel it best to advise.
All costs are detailed at checkout. 95% of our post is done through Australia Post, however we may occasionally use alternatives like FEDEX. All shipment within Australia is sent via standard mail with tracking and requires a signature on delivery. Pending the weight of the item you have posted, this will cost between $15-25. Express is available on request for additional fees.
As we are in the next-day-delivery network, regardless of your location you should have your mail within three to five days. Please remember, this is the time it takes from the item to leave our Milton HQ and arrive at your residence/business. This does not take into account the time it takes the item to arrive from our distributors to us.
Racquet Film test all items and only sell goods of the highest quality. Our proven track record allows full consumer trust when purchasing items off our website, however Racquet Film’s primary sales involve goods that are used and vintage and can involve electrical goods. Given these circumstances, it should be noted that irrespective of the amount of testing and the quality of the product that is sold to the consumer, it is not outside the realm of possibility that any film camera can fail at any point in time. Racquet take every precaution to avoid this however, and maintain a clean record of failures/returns.
Return Policy Overview
We have a 7-day return policy for goods that arrive faulty or are significantly different to the item you ordered. We ask that all customers shoot a test roll immediately after receiving their goods. Doing so means you can drop it off at our lab (we will process for free with priority) or another lab and receive photos that show the camera is operational. In the extremely rare times in which a camera arrives with a default of some kind, please notify us immediately using our firstname.lastname@example.org email. We ask that you include the following information in correspondence:
- Name order was placed under.
- Order # (found on confirmation PDF)
- Detailed explanation of issue.
- Any photos that assist us in reviewing the case.
- Whether you would like a refund, replacement or other.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. We will assess the information you have provided, the amount of time elapsed since you received your order and a number of other variables – including inspection to ensure the item was not damaged by the customer in anyway, causing the issues that have prompted the return. Once your return is accepted, we’ll provide instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. Items that are brought into store without completion of the above process will also be rejected and the client will be required to submit their return using the above process. Please note: once a return is received by us, we review it and will issue a refund via the payment method you used to originally purchase the item. Please allow 5-7 working days for funds to clear and contact us if there appears to be an issue pertaining to the return of your funds.
Exceptions / Non-returnable items.
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items, gift cards or custom items or bundles that we curated specifically upon your request.\
Last Update: June 29, 2020.
NOTICE: Please pay attention to clause (12), (12a), (12b) and (12c). Despite continued publication of this, notices on the website, social media, mail outs and otherwise, many people are still forgetting to pick up their negs within the three month window. As we don’t charge retrieval fees, we urge people to be more vigilant if they want their negatives back.
As of October 2019, negatives surpassing three months in storage will be responsibly disposed of.
By placing an order with Racquet Film (trading as Racquet Creative PTY LTD, ABN: 60 614 971 934), the client accepts the terms and conditions of trade. These clauses govern every contract made between Racquet Film and the customer, including, without limitation, the supply of goods and services to any person, firm or company, the sale of products and the provision of advice and/or guidance, either overtly or implied. The terms prevail over any written terms and conditions of the client. Any variation to the Terms must be agreed to in writing by a director of Racquet Creative PTY LTD.
1. Payment, Fees and Credit.
All orders placed with Racquet Film require payment at the client’s earliest convenience, or prior to the delivery and/or collection of the services/stock provided. For in-store visits this is almost always done at the time of ‘drop off’. Racquet Film can and will withhold progress on work with outstanding balances. Payment is deemed complete when the money has been obtained and is accessible by Racquet Film.
For larger jobs, Racquet Film may require a deposit of up to 50% prior to commencement and they retain the right to ask for this at their discretion. For jobs in excess of $500.00 AUD, Racquet Film requires a firm deposit of 50% of the total quoted price, and it’s important that the client understands services will not commence until payment is received. All turnaround time’s conveyed on Racquet Film’s website, social media and other platforms commence from the time an invoice is cleared. Please note, outstanding balances on these jobs follow a routine procedure meaning that if the sum total of the order is not paid within 30 days of services rendered, 100% of the deposit is deemed forfeited and retained by Racquet Film.
2. Film Submission & Postage
Submitting your film can be done by sending a padded parcel with your rolls and submission sheet enclosed to our address listed at the conclusion of this document. Alternatively, you can submit your rolls in a similar fashion at our lab. While it’s extremely rare that any issues arise when film is posted to Racquet Film, the company is not responsible for the product on its way to the store, or on its way back to the consumer. Dispatched negatives are the property of Australia post from the moment they are officially lodged.
All film submission orders are final once Racquet has received the packet. Even if a client hasn’t paid, Racquet immediately begin processing intake orders when they arrive at the store. In circumstances where the client cancels the order after this has taken place, the client still owes the sum total of the order, payable within 30 days. Racquet Film take no responsibility for issues arising from incorrect or incomplete information the client has supplied either online, via email or by filling out the form at our lab. It is particularly important that the client correctly transcribes their email and phone number to ensure Racquet can reach them should any issues arise.
Prices listed are applicable from Dec 2019 and supersede all earlier offers. Prices are subject to change without notice and the associated terms and conditions of pricing may vary.
Upon placing an order, the client admits their right to reproduce all material supplied. The client assumes absolute liability for any resulting violation of copyright in any action brought forward by any third party. Racquet Film will claim no copyright in the material submitted by virtue of work undertaken on behalf of the client. All roll submissions require a signature from the client which acts as a further acknowledgement of this (and other issues) that can relate to certain content on rolls provided to Racquet by any third party.
In the unlikely event that any of your film, digital media or other material is damaged or lost while in Racquet Film’s possession, or in the possession of a contractor appointed by Racquet Film, the client must action any intent to make a claim within seven days of the loss or damage. In such circumstance that a claim is made, Racquet Film’s liability will not be in excess of:
5A) The replacement value of the film damaged or lost.
5B) The appropriate charges Racquet Film had invoiced for the job(s).
In no case will Racquet Film or its suppliers and distributors be liable in excess for discrepancies in results provided to the client, either through loss or damage to the client’s film, digital media or other material. No variation in colour, tone or other aesthetic traits will render them liable for refund, so long as such limitation does no infringe on the rights of customers as stipulated in the trade practices act. In dealing with Racquet Film, the client understands that it is in Racquet’s best interest to provide the highest quality product and any shortcomings are unintentional and could be caused by a variety of factors, either in lab or by the consumer prior to submitting the rolls. The client acknowledges that this limitation of liability may be pleaded by Racquet Film as a way to cease subsequent action by the customer in excess of replacement film, films, digital media and materials.
6. Defects/ Refunds
In circumstances in which Racquet Film sell a tangible item to a client, if the item is found to be defective, damaged or otherwise, the client is to submit a written request stipulating damages within 10 days of purchase. In addition, the goods should be promptly returned for inspection. Clients who purchase defective goods are entitled to a prompt new-for-old return. It’s imperative that client’s of Racquet Film understand that purchasing products deemed ‘vintage’ – like film cameras – is inherently risky and they are prone to breakage without warning.
7. Service Times & Operating Hours
Racquet Film is open five days a week, though its exact service hours are subject to change. We endeavour to complete all work as fast as we can while maintaining the highest quality in a quest for complete customer satisfaction. 90% of Racquet Film’s orders are completed and ready for the customer within 5 week days of receiving them. Our operating hours are generally as followed:
Tuesday-Friday: 11am – 6pm.
Saturday: 12pm – 4pm
8. Development Traits
Where there are no specific instructions, C41, B&W and slide development (E6) is done to lab standard while adhering to services requested at the time of order. As colour and other film traits are often a matter of personal perception and preference, we welcome a reference print or brief to assist us in achieving your ideal image. Racquet Film make no guarantee that your reference print or brief can be matched or emulated, and the client understands and acknowledges that any collateral provided is merely a guide to aid in the development process. Irrespective of the lab’s capabilities in development and scanning, the base product – being the roll of film the customer has shot – must be of sound standard to provide truly workable files. As such, the client does not expect an exact replica of traits unless otherwise agreed upon in writing prior to the project’s commencement.
9. Scan Only & Dev Only Jobs
While 90% of our customer base get develop and scan work with us, some customers only require scans or development (not both). ‘Scan only’ and ‘dev only’ jobs are unique as we don’t have control over the process from beginning to end, meaning it’s impossible to know how the film was treated prior to or after our dealing with it. If you request that we scan rolls from another lab, Racquet Film take no responsibility for any scratches, poor results, dust or otherwise that may have occurred at the prior lab, during your safekeeping and/or transport to our lab. Things like over tightening of rolls, the use of sticky tape and general exposure to dust can all have significantly negative effects on the scans.
For large or unusual orders, we encourage clients to place a request for quote (RFQ) prior to moving forward with the job. The submission of a large RFQ does not guarantee the customer will receive a notable discount however larger orders are more likely to see reduces figures. If you have received a quote in which the sum total is less than our normal prices, this must be submitted with your order to ensure we handle the job appropriately. If your order is deemed different to the one you placed an RFQ for, Racquet Film reserve the right to void or vary the quote at their discretion.
Quantity discounts are viewed on a case-by-case basis. If we believe your order qualifies for a quantity discount, we’ll inform you at our earliest convenience with an amended order price. If you’ve already paid your invoices’ sum total, the remaining balance will be placed on your account as a store credit to be used anytime you wish.
Racquet Film do everything they can to ensure the safe, long-term storage of your items while in our possession. This includes both physical and digital goods. As of late 2019, Racquet was no longer able to store negatives for longer than three months. Please note that this was made public on our channels, Google Listing, Website and mailing list. If you have negatives with us that are over three months old, you should attempt to collect them immediately, however we offer no assurances that they are still available.
12A) Uncollected goods
Racquet Film will carefully store all material, film, electronic data and other media – excluding download links for imagery – for a period of three months. All download links will retain their accessibility for the same period, after which they will be deleted. Should you wish to re-access an expired download link, you will be required to repay your original order amount, covering the cost of us finding your order, rescanning it, editing it, uploading it and providing it to you again. For this reason, we urge everyone to download their links and make backups the moment they receive them. After three months has elapsed, material, film, electronic data and other media will be disposed of. We do not charge retrieval fees or otherwise; we simply require all customers to collect their negatives within three months.
12B) Physical Storage
The storage of your negatives and other similar items will be done so with care, and remain easily accessible for you to retrieve within three months of job completion. After this time period has elapsed, the negatives will be responsibly disposed of.
12C) Digital Storage
Links to developed media and other electronic data will be retained by Racquet Film for a period of three months. All clients should download and retain backups of purchased goods upon receiving them to ensure no loss of data is incurred. Should a client require reinstatement of a link outside of the three month retention period, the sum total of their original order fee – or a $50 AUD retrieval fee, decided by Racquet – will apply. Time periods pertaining to link restoration vary.
Racquet Film will do their best to contact all clients who are nearing the cutoff for uncollected goods, however the company can make no guarantees that they will successfully sift through the thousand of onsite negatives to ensure all outstanding packets are collected on time.
13A) Collection of Information
Racquet Film collect personal information in a lawful and fair way at all times and advise you where and how to contact us. We will advise you why the information is being collected and will never disclose or sell the information to a third party. If you do not want to provide the information we will advise the customer of the implications in doing so and allow the customer to assess how best to move forward. In the unlikely case any of a customer’s information is collected from a third party we will take reasonable steps to advise you that the information had been collected and explain whether it may or may not be retained for reasons that are deemed lawful.
13B) Use and Disclosure of Information
Personal information will be disclosed only in accordance with the Act stipulated in clause 15. We will only disclose information if (a) we have your consent (b) we are required by law to do so, or, (c) it is otherwise permitted under the Act. Racquet Film may also use collected information to promote and market goods and/or services that we consider may be of interest or benefit to you. If you do not wish for us to contact you regarding other services or promotions, please advise us in writing via post or email to the addresses provided in the concluding contact section of this document.
13C) Security of Retained Data
We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date. The accuracy of any such information is largely dependent on details provided by the client. Racquet Film recommends that any person/s or organisations that have information held by our company inform us of any known errors in the information, keep us informed on changes to personal or company information and release other pertinent information where they see it. Should you need to advise us of any errors or changes to your personal information, please do so in writing either via post or email to the addresses provided in the concluding contact section of this document.
13D) Data Keep Safe
13E) Openness of Information
This policy is available and readily accessible on our site. It is subject to change and we encourage our customers to review it periodically to ensure they are comfortable with the terms outlined within. We also encourage customers to contact us should they require clarification on any of the terms, statements or otherwise within the document.
13F) Accessing Information
Individuals and corporations have a right to access their own personal information held by Racquet Film, subject to some exceptions under the Act. For security reasons, any person/s wishing to access their information may be asked to put this request to Racquet Film in writing, and may be also be subject to further security checks if Racquet Film deem it appropriate.
13G) Sensitive Information
We will not collect sensitive information about an individual unless (a) the individual has consented and/or (b) the collection is required by law. In addition to these reasons, sensitive information will only be collected if it is otherwise permitted under the Act.
13H) Breach of Privacy
14. Your content
The client agrees that all film provided to Racquet Film does not contain any illegal content and cements this when signing the roll submission form provided by Racquet. Racquet Film takes no responsibility and assumes no liability for any content that you provide to Racquet Film. The company acts as an unknowing third party while processing your work.
15. Governing Laws
The agreement between you and Racquet Film shall be governed in all respects by the laws of Queensland, Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If you wish to clarify anything within this document or raise any issues with management, direct written mail to our listed PO box, email us via lab [at] racquetfilm.com or call us!
B.1. Intellectual Property Rights
Racquet Creative claims no ownership rights in any content submitted by you, the Customer. The copyright owner continues to own all of the content submitted by you, and in submitting the content, you understand and acknowledge the fact Racquet’s role does not extend beyond facilitating a service. Racquet is not expected to know, understand or police any requirements you may have regarding the content you submit, the time in which you submit it or the manner in which you do so.
B.2. Order acceptance
By placing an order for a Product (Order) you confirm that you understand the key metrics that make printing at Racquet commercially viable. First and foremost, (2a) you understand that should Racquet develop and scan a roll of yours and deem the majority of it to be satisfactory, there is no expectation upon them to make an executive decision regarding whether or not to proceed with printing the roll. As such, you are in total agreeance that by selecting the 6x4’’ print option when submitting your film, Racquet is given every right to print your images should they feel it worth doing so. In most circumstances, an order placed with Racquet will follow a sequence of events that involves you, the Customer, receiving digital copies of the images prior to Racquet completing their weekly print run. In such circumstances, should you receive the digital images and decide that you no longer wish to proceed with the prints, you are able to bring this to their attention via writing or a phone call. In doing so, you understand that (2b) this does not guarantee that your request to cancel the print order has been done in time and (2c), should you successfully retract your print order, the fee in which you spent on prints, irrespective of how insignificant or significant it was, will only be returned in store credit. Furthermore, store credit obtained by cancelled print orders may only be used on film processing and printing work, and cannot be used for purposes including the purchase of tangible goods, consultations and otherwise.
Your acceptance of selecting the 6x4’’ print option is also your acknowledgement that the prints – of which you have no seen – may differ from what you expected in a wide variety of ways. As with any roll of film, a significant number of variables play a role in determining things like the colour balance, contrast, tint, shadow detail and similar elements of any composed image you have decided to print. In a similar light, you accept and understand that any cropping of the image is done out of simple necessity in order to correctly fit your work to the frame in which it’s confined. To surmise this portion of the print
Whether you opt to provide Racquet with prints in a manner that involves face-to-face contact with a representative of the brand, or you decide to submit your content remotely, it is the responsibility of you, the Customer, to understand that deviations in your final product may occur. To minimise such occurrences, it’s the responsibility of the Customer to ensure that any submitted work Is ‘plug and play’, in the sense that Racquet hold no requirement with respect to modifications, editing or adjustments – unless such circumstances are paid for – and that as an arrangement between company and client, there is a mutual understanding of the role each party has to play in order for a successful arrangement and outcome to transpire. Racquet reserve the right – at any point during the transaction, to reject your order on their own terms. This may be done either in whole or in part, for any reason, and – unless financial strain is symptomatic of the cancellation – this reason may or may not be disclosed to the buyer. Both parties must understand if such cancellation does occur – either in part of in full – it was done so for a legitimate reason that is covered in these terms and conditions.
B.3. Your Submitted Content
You are solely responsible for all content submitted by you. Content includes both (3a) rolls submitted for development with the inclusion of 6x4 prints and (3b) any images, negatives or other visual elements – those that either make up the entirety of a job or part of it – for fine art printing (A4-A2). In placing an order with Racquet, you also provide a perpetual, worldwide, non-exclusive, transferable right to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the Content in which you provided in an effort to provide the service you have requested when placing the order. Your submission is your warranting that you are the owner of the Content – roll, negative, image or otherwise – that you have provided us.
B.4. Prohibited conduct
Do not sent Racquet any content that violates or infringes the rights of others (including their privacy and intellectual property rights), is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. While Racquet do exercise leniency given the scope of artistic expression, if your order – either in part or in whole – is considered vulgar by the team and is unsettling in any manner, Racquet may refuse to proceed with the order – irrespective of what stage has been reached – and notify you of the issue and our decision to cease completion. Please note: if you submit content that is clearly a serious, legal offence, Racquet may be obligated to report such material to the authorities and pass them any digital, print or other mediums in which it can be accessed, viewed, shared or similar.
Racquet Creative PTY LTD will exercise their highest standards – as with all work – when handling any film negatives, images, prints of similar that you, the Client, provide to us. However, given the nature of data transfer, national and international postage and any other means in which a physical or digital file passed from one are and/or individual to another, Racquet does not accept liability for damage or loss of your Content. While unheard of at the time of writing, it is not plausible to rule out such loss and/or damage from the scope of possibility. As such you agree to indemnify and will keep Racquet indemnified against any claim, demand, injury, damage, loss, expense, cost or liability – whether incurred as a direct or indirect result of the issues faces – made against or suffer by Racquet in connection with your Content, the Order, your breach of these Terms and Conditions or your breach of any right of third parties, the law and similar stipulations in place to regulate society. Should a circumstance arise in which a Party is liable under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
- the replacement of your Product or the supply of an equivalent Product; the payment of the cost of replacing your Product or of the supply of an equivalent Product; or refunding the amount of your order.
As the Client, you agree that - to the fullest extent permitted by applicable law – Racquet will not be responsible or liable (whether in contract, tort [including negligence] or otherwise) for any; interruption of business; access delays to, access interruptions to, suspension of or discontinuation of the service; data non-delivery, mis-delivery, corruption, destruction or other modification; loss or damages of any sort incurred as a result of dealings with the service; viruses, system failures or malfunctions which may occur in connection with your use of the service; any inaccuracies or omissions in content; or
events beyond Racquet’s reasonable control. At the same time, Racquet’s involvement in the production of any images is external to its creation and you, the Client, take full responsibility for anything that has been created, either digitally or in print, whether knowingly or unknowingly, and accept the ramifications of any wrongdoings. By submitting your work, you’re allowing Racquet – a third party with no involvement in the creation, usage and distribution of your content – to provide a service that doesn’t require any their attachment to your work or works in any way that could deem us – the Company – as an affiliate or similar.
B.6. Delivery time
Racquet endeavour to produce and deliver your Product within 2-12 business days to your nominated address or nominated Officeworks store. Refer to our Delivery Policy found here.
Delayed delivery is not and cannot be a basis for cancellation of the order or a request for compensation given wait times you deem excessive. As the Client, you acknowledge and understand that any delays that may occur during your order – whether said delays apply to the entirety of your order or simply a segment of it – are not the result of lacking work ethic on behalf of Racquet. External elements, including but not limited to AUSPOST transport of goods required to process your order, delays that impact distributors who we rely on to maintain an efficient workflow alongside the health and wellbeing of our staff in order for us to maintain an employee quota that allows procedural measures to maintain.
In the same light, Racquet – a comparatively small operation compared to many of the outlets who take a role in the 6x4’’ print market – ask that you pick up your images, negatives and any other media you may have stored with us for the purpose of the job’s completion.
B.7. Rights We Cannot Exclude
The above disclaimers and limitations on liability do not exclude, modify or limit any rights, which by law may not be excluded, modified or limited, including but not limited to your rights under the Australian Consumer Law.
B.8. Governing Laws
The agreement between you and Racquet Film shall be governed in all respects by the laws of Queensland, Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If you wish to clarify anything within this document or raise any issues with management, direct written mail to our listed PO box, email us via lab [at] racquetfilm.com or call us!
Personal information we collect.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, Paypal Emails/accounts, email address, and phone number). We refer to this information as “Order Information” and is kept 100% secure.
How do we use your personal information?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing you personal Information
We do not share your personal information, however we may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
You may receive marketing communications we believe are of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page here. Irrespective of the medium, you can always opt out of any targeted advertisement. Please contact us if you have issues with this.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com or by mail using the details provided below:
Racquet Creative Pty Ltd
T/A Racquet Film
Shop 6/ 44 Douglas Street
Milton QLD 4064, Australia