1. Preamble

1.1. These terms and conditions, and the terms and conditions of any order ("Order") placed by you to purchase one or more product(s) ("Products") from Image Blue (www.imageblue.com.au), including and payments made in , constitute a contract ("Agreement") between you and Image Blue (ABN: 66410890209, Liquor Licence No. 36093116, registered address: 4/43 Jeffcott Street, West Melbourne, Vic 3003).

1.2. This Agreement is formed once Image Blue receives and accepts an Order from you. Each Order may be accepted or rejected by Image Blue at its absolute discretion. No obligation to sell or supply any Products will arise until the Order is received and accepted by Image Blue. Each Order constitutes a separate Agreement.

1.3. By completing the customer registration process and placing an Order with Image Blue, you acknowledge that you have read and understood the terms and conditions of this Agreement, and agree to be bound by them.

1.4. The laws of Victoria govern this Agreement.

1.4. WARNING - Under the Liquor Control Reform Act (VIC) 1998 it is an offence:
· To supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000).
· For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).

1.5. Under state or territory regulations, areas of Northern Territory, Queensland, South Australia and Western Australia are designated "restricted areas" or "dry areas" with respect to the consumption, possession, sale or transport of liquor. Orders containing liquor will not be processed if they are destined to these areas. These areas may vary with changing state or territory regulations; at the time of publication of this Agreement lists of these areas may be found on the following websites:

· Northern Territory: http://www.nt.gov.au/ntt/licensing/liquor/Restricted_Area_index.pdf
· Queensland: http://www.alcoholimits.qld.gov.au/community/search/restricted.php#restricted
· South Australia: http://www.olgc.sa.gov.au/default.asp?page=liquor.dry_zone.Dryzonemenu.htm
· Western Australia: http://www.orgl.wa.gov.au/m/index.php?option=content&task=category§ionid=16&id=113&Itemid=138

2. Ordering, Pricing and Payment

2.1. You can place an Order with Image Blue via the following methods:
· Selecting Products on Image Blue's website (www.imageblue.com.au), registering as a customer by entering your personal details (including but not limited to your name, delivery address and payment details) and completing the "Check out" procedures; or
· Instructing Image Blue by telephone, facsimile, electronic mail or regular mail that you wish to purchase Products from Image Blue, and providing your personal details to Image Blue.

2.2. Subject to the price that you shall pay for your ordered Products is the price specified on Image Blue's website (www.imageblue.com.au), as it contains the most current prices for Image Blue's products. You also agree to pay any postage and handling fees, and any taxes (including the Goods and Services Tax) and custom duties, that apply to each Order.

2.3. Image Blue may vary its prices without notice. The price payable for your ordered Products is the price applicable on the date the Order is received and accepted by Image Blue.

2.4. All discounts and promotions advertised by Image Blue are available until a stated date or until stocks last, whichever occurs first. Additional terms and conditions of a discount or promotion will be as advertised.

2.5. At the absolute discretion of Image Blue, you may pay for your ordered Products by:
· Credit card (Mastercard or Visa); or
· Cheque, money order or international draft; or
· Corporate account: You may apply to set up a with Image Blue on behalf of your business. Image Blue may accept or reject your corporate account application at its absolute discretion. If your corporate account application is accepted, you will be required to agree to and sign Image Blue's corporate account terms and conditions, in addition to agreeing to this Agreement.
Acceptance of any of the above methods of payment for your ordered Products is at the absolute discretion of Image Blue.

3. Out of Stock and Substitutions

3.1. Image Blue will not provide rainchecks for your ordered Products.

3.2. Image Blue always uses its best endeavours to supply you with your ordered Products. However, if your ordered Products are not readily available, Image Blue will offer you a comparable product of equal or higher value whenever possible.

4. Delivery

4.1. One of the prerequisites for an Order to be accepted by Image Blue is that your nominated delivery address must be within a location where Image Blue provides delivery services. Image Blue will notify you if your nominated delivery address is not in an area where Image Blue provides delivery services. Image Blue may accept a request from you to change your nominated delivery address, if your request is received at Image Blue's registered address prior to the dispatch of your ordered Products and your new nominated delivery address is within a location where Image Blue provides delivery services; otherwise your request will be rejected.

4.2. Any person at your nominated delivery address who receives your ordered Products will be presumed by Image Blue to be authorised to receive your ordered Products on your behalf. For Orders containing liquor, in accordance with the law:
· The person who receives your ordered Products must be 18 years of age or older; and
· Image Blue instructs its delivery contractors (verbally and in writing) to request, from the person who receives your ordered Products, satisfactory proof of age (of 18 years or more); and
· Image Blue instructs its delivery contractors (verbally and in writing) to refuse to deliver your ordered Products if the person who receives your ordered Products is unable or unwilling to provide proof of age (of 18 years or more), or is under 18 years of age.

4.3. If there is nobody, or nobody with satisfactory proof of age (of 18 years or more) in the case of Orders containing liquor, at your nominated delivery address when your ordered Products is delivered, Image Blue may require you to pay an additional fee.

4.4. Risk and title of your ordered Products passes to you upon delivery of your ordered Products at your nominated delivery address.

5. Returns, Exchanges and Refunds

5.1. Before returning your ordered Products, please to obtain a Return Authorisation Number and to inform Image Blue of the reason(s) for the return. When you have obtained a Return Authorisation Number, write it on the outside of the envelope/box containing the Products being returned AND enclose it with the Products being returned. You accept that returned Products without the correct Return Authorisation Number will be rejected by Image Blue, no refund will be payable to you by Image Blue, you will be liable for all freight costs incurred and the courier will be asked to return the Products to the sender. A Return Authorisation Number may also be obtained from the Image Blue website (www.imageblue.com.au) by:
· Logging on as a customer;
· Clicking on "Previous Orders";
· Clicking on the order that you wish to return;
· Under "How to Return a Product", clicking on "request a return authorisation number (RMA)."

5.2. You accept that Products that are returned because they were incorrectly ordered will only be refunded if:
· The Products are returned in their original state and packaging. You agree that any incorrectly ordered Product (including its packaging) that has been lost, consumed, damaged, defaced, altered or opened in any way will not be refunded upon return to Image Blue, and you will be liable for all freight costs incurred. Before opening your ordered Products please ensure that they were correctly ordered. When returning Products, please pack them appropriately to protect both the Products and their original packaging;
· You have already paid for the freight costs of returning the Products to Image Blue. You accept that returned Products that are freighted on "reverse charge" to Image Blue will be rejected by Image Blue, no refund will be payable to you by Image Blue, you will be liable for all freight costs incurred and the courier will be asked to return the Products to the sender. You agree that you are responsible for possessing proof of delivery of the returned Products, in the event of any disputes concerning the delivery or non-delivery of the returned Products; and
· A Return Authorisation Number is requested within 28 days of your receipt of your ordered Products, and the Products being returned are sent from your address within 28 days of a Return Authorisation Number being sent to you.
You agree that for Products that are returned because they were incorrectly ordered, the amount of refund is limited to the price at which you purchased the Products only, excluding any postage and handling fee you paid for the delivery of the Products to you and any freight cost you paid for the return of the Products to Image Blue. Image Blue is not liable for any other loss incurred by you, directly or indirectly, as a result of any aspect of your Order, your ordered Products, or the delivery or return of your ordered Products.

5.3. You accept that Products that are returned because they are faulty will only be refunded if:
· The Products are returned to Image Blue, at Image Blue's expense, unless Image Blue has agreed in writing to waive this requirement;
· The Products being returned have not been misused or tampered with in any way; and
· A Return Authorisation Number is requested within the stated or statutory warranty period, or the stated expiry date in the case of perishable items, of each returned Product. Where a warranty period or expiry date does not apply, Image Blue will only give you a refund if a Return Authorisation Number is requested within 28 days of your receipt of your ordered Products.
· The Products being returned are sent from your address within 28 days of a Return Authorisation Number being sent to you.
You agree that for Products that are returned because they are faulty, the amount of refund is limited to the price at which you purchased the Products, the postage and handling fee you paid for the delivery of the Products to you, and the freight cost you paid for the return of the Products to Image Blue, only. Image Blue is not liable for any other loss incurred by you, directly or indirectly, as a result of any aspect of your Order, your ordered Products, or the delivery or return of your ordered Products.

6. Licensing and Intellectual Property

6.1. You are licensed to use Image Blue's website, product catalogues, order forms, advertisements and/or other literature (including, but not limited to, all logos, photographs, images, layout, text and/or software therein) for use only in purchasing Products from Image Blue. You acknowledge that you are prohibited from making any other use of these items belonging to Image Blue, unless you are given prior authorisation from Image Blue.

7. Privacy and Security

Please refer to the page, which forms part of this Agreement.

8. Liability

8.1. You acknowledge that your ordered Products are provided "as is", and no guarantee or representation is made by Image Blue of the suitability of your ordered Products for any specific purpose.

8.2. To the extent permissible by law, you agree to limit Image Blue's liability to you arising from any purchase made by you from Image Blue to the replacement of your ordered Products, the supply of equivalent Products or the price that you paid for your ordered Products.

8.3. To the extent permissible by law, you agree not to hold Image Blue liable for any loss directly or indirectly resulting from any delay in delivering your ordered Products.

8.4. To the extent permissible by law, you agree not to hold Image Blue liable for any loss directly or indirectly resulting from any use you make of Image Blue's website, product catalogues, order forms, advertisements and/or other literature (including, but not limited to, all logos, photographs, images, layout, text and/or software therein).

8.5. To the extent permissible by law and subject to , you agree not to hold Image Blue liable for any loss or damage (including, but not limited to, loss of profit, loss or damage of property, and loss, damage or unauthorised access of data) incurred by you in any connection to Image Blue, this Agreement or negligence by Image Blue.

9. Changes to this Agreement

9.1. Image Blue may unilaterally add to, delete or change any of the terms of this Agreement. Image Blue will notify you of any significant changes to this Agreement by mail or e-mail to the most up-to-date address supplied by you to Image Blue's . Purchasing from Image Blue after delivery of notice of changes to this Agreement constitutes your acceptance of the changes.

9.2. Image Blue may unilaterally terminate this Agreement with you at any time without prior notice and at the absolute discretion of Image Blue.

10. Severance

10.1. Each item in this Agreement is severable. Severance does not affect any other items in this Agreement.