Terms of Use
1. Overview
Welcome to Digital Camera Warehouse.
These Terms of Use (“Terms”) apply to your access to and use of the Digital Camera Warehouse website and to orders placed through our website, Contact Centre or other applicable sales channels.
The terms “Digital Camera Warehouse”, “DCW”, “we”, “us” and “our” refer to DCW (NSW) PTY LTD (ABN 73 645 463 627), trading as Digital Camera Warehouse.
By accessing or using our website or placing an order with us, you agree to these Terms and any other policies or terms referenced within them.
Please read these Terms carefully before using our website or placing an order.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other law where that right or remedy cannot lawfully be excluded, restricted or modified.
2. Access and Account Information
You must use our website only for lawful purposes and in accordance with these Terms.
When placing an order or creating an account, you must provide information that is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
If you believe your account has been accessed or used without your permission, please contact us as soon as possible.
3. Website Information
We take reasonable care to ensure that information published on our website is accurate and reliable at the time of publication.
However, errors, omissions or inaccuracies may occasionally occur, including in relation to:
- product descriptions;
- specifications;
- pricing;
- promotions;
- product availability;
- dispatch estimates;
- images; and
- package contents.
We reserve the right to correct errors and update website information, products, specifications and prices where necessary.
If an error affects an order you have already placed, we will contact you as soon as reasonably practicable.
Where appropriate, you will be given the option to proceed based on the corrected information or price, or cancel the affected item or order and receive a refund.
4. Product Information and Images
Product images displayed on our website are for illustrative purposes only. Actual products may vary in appearance.
Colours may also appear differently depending on your device, display settings and other factors.
We make reasonable efforts to ensure that product descriptions and specifications are accurate. However, manufacturers and suppliers may change product specifications, packaging, accessories or package contents from time to time without notice.
Where product information has been supplied by a manufacturer or distributor, we rely on that information being accurate.
Nothing in this section limits your rights under the Australian Consumer Law.
5. Product Availability
All products are subject to availability.
We may discontinue products or limit the quantity of a product available for purchase where reasonably necessary, including because of limited supply, promotional allocations, supplier restrictions or suspected commercial or resale purchasing.
Website stock information may not always reflect the exact quantity physically available at a particular time.
If we cannot fulfil all or part of your order, we will contact you regarding the available options.
6. Pricing
All prices displayed on our website are in Australian dollars and include GST where applicable, unless otherwise stated.
Prices, discounts and promotions may change without notice.
The applicable product price will generally be the price displayed when your order is placed, subject to correction of genuine pricing or website errors.
If a product has been displayed at an incorrect price due to a typographical, technical, supplier or other genuine error, we will notify you of the correct price.
You may then choose to proceed with the affected item at the corrected price or cancel the affected item or order and receive a refund.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
7. Orders
When you submit an order, you are making an offer to purchase the products included in that order.
All orders are subject to acceptance, payment verification and product availability.
Receipt of an automated order confirmation does not necessarily mean that your order has been finally accepted or that all products are available.
We may need to contact you to obtain further billing, shipping, payment or identity information to complete our verification procedures. If additional information is required, we may contact you by phone or email.
We may refuse or cancel an order where reasonably necessary, including where:
- a genuine pricing or product information error has occurred;
- an item is unavailable;
- payment cannot be authorised or verified;
- we reasonably suspect fraudulent or unauthorised activity;
- incorrect or incomplete information has been supplied;
- an order exceeds available or permitted quantities;
- an order cannot reasonably be fulfilled; or
- the order breaches these Terms or applicable law.
If Digital Camera Warehouse cancels an order after payment has been received, we will refund the amount paid for the cancelled item or order using the original payment method where reasonably possible.
Nothing in this section limits your rights under the Australian Consumer Law.
8. Payment Options
There is no surcharge for MasterCard or Visa.
Payments made using American Express (Amex) incur a 2% surcharge on the total invoice amount.
If you wish to pay by direct funds transfer, select this option when ordering online. Direct funds transfers may incur a fee. You are responsible for paying any applicable fees incurred.
Your order will be processed once payment for the goods and any applicable additional fees has been received.
Other payment methods, including PayPal and approved third-party payment or finance providers, may be available from time to time and may be subject to their own terms and conditions.
9. Secure Online Ordering
We use reasonable technical and organisational security measures designed to protect information transmitted through and stored by our website.
All orders are subject to verification whether or not an order confirmation has been issued or payment has been processed.
No method of internet transmission or electronic storage can be guaranteed to be completely secure. You are responsible for taking reasonable precautions to protect your devices, accounts and passwords.
10. Confirmation of Identity and Fraud Prevention
Whether you order by phone or online, we may contact you to confirm details or request proof of identity as part of our order verification and fraud-prevention procedures.
When purchasing from our retail store in person, you may be required to provide photo identification when using a gift voucher or where reasonably necessary for transaction verification.
When collecting goods from our retail store where payment has been made by direct deposit, cheque or another payment method requiring verification, we may ask to sight your photo identification.
For some agencies, payment arrangements or transactions, we may also be required to sight and/or record information from your photo identification, including an identification document number. This may include PayPal, Studio 19, Flexirent and Government Contract customers, where applicable.
We will only collect identity information where reasonably necessary for verification, fraud prevention or other legitimate business purposes and where permitted by law.
When ordering online, your IP address and other relevant device, network, order and transaction information may be collected or used for security, transaction verification and fraud-prevention purposes.
If we reasonably determine that an order involves attempted fraud or other unlawful activity, relevant information may be provided to payment providers, financial institutions, credit card authorities, fraud-prevention providers or law enforcement authorities where appropriate or required by law.
Personal information collected for these purposes will be handled in accordance with our Privacy Policy and applicable privacy laws.
11. Ordering via our Contact Centre / Website and Picking Up In Store
We can send your order to our store for personal collection.
Payment will be taken in store at the time you collect your items where applicable.
Photo identification may be required when picking up items in store for identity, payment, transaction or fraud-prevention verification.
Payments made by credit card may require presentation of the applicable credit card in store before the goods can be collected.
For some forms of in-store pickup, payment arrangements or agency requirements, information from your photo identification may also need to be recorded on our invoice or associated transaction records. This may include PayPal, Studio 19, Flexirent and Government Contract customers, where applicable.
We will only collect and retain identity information where reasonably necessary and permitted by law.
Personal information collected for these purposes will be handled in accordance with our Privacy Policy.
12. Stock Shortages and Dispatch Dates
Some products may be in short supply or temporarily unavailable.
The applicable dispatch timeframe or availability information will generally be displayed near the Add to Cart or applicable purchase button on the product page.
Depending on availability, products may display an estimated dispatch timeframe such as:
- Ready to ship
- 1–2 business days
- 5–10 business days
- Stock Delayed – Call to Check Availability
For specific availability or delivery dates, please email or call us before ordering.
For ALL orders placed for products marked “Stock Delayed – Call to Check Availability”, please email or call us before ordering.
If an order for a product marked “Stock Delayed – Call to Check Availability” is subsequently cancelled by the customer, a 2% administration fee applies where payment was made by credit card or PayPal, subject to any rights you may have under the Australian Consumer Law.
Dispatch and availability timeframes are estimates and may be affected by supplier availability, manufacturer delays, public holidays, courier delays or other circumstances outside our reasonable control.
13. Ordering Multiples of the Same Product
For orders of multiple units of the same product, please email or call us before placing your order, as our website may not reflect the actual quantity of stock available.
We reserve the right to limit quantities where reasonably necessary because of stock availability, promotional limits or supplier restrictions.
If a multiple-unit order is subsequently cancelled by the customer, a 2% administration fee applies where payment was made by credit card or PayPal, subject to any rights you may have under the Australian Consumer Law.
14. Pre-Orders and Backorders
Products offered for pre-order or backorder may display an estimated release, availability or dispatch date.
These dates are estimates only and may change due to manufacturers, suppliers, freight providers or circumstances outside our reasonable control.
If there is a significant change to the expected availability of your order, we may contact you with updated information and available options.
Nothing in this section limits your rights under the Australian Consumer Law.
15. Promotions, Cashback and Bonus Offers
From time to time, Digital Camera Warehouse may offer:
- discounts;
- promotional pricing;
- bonus products;
- bundle offers;
- cashback offers;
- gift-with-purchase offers; or
- other promotions.
Specific terms and conditions may apply to individual promotions. Where specific promotional terms apply, those terms should be read together with these Terms.
Manufacturer cashback, redemption and bonus offers may be administered directly by the manufacturer or another third party.
Where an offer requires redemption, customers are responsible for completing the applicable redemption process within the required timeframe and in accordance with the relevant promotional terms and conditions.
Promotions may be subject to eligibility requirements, qualifying products, promotional periods and stock availability.
16. Shipping and Delivery
Digital Camera Warehouse delivers to eligible addresses within Australia.
We do not ship outside Australia. You may place an order from outside Australia where the order is being delivered to a person or eligible delivery address within Australia.
Delivery timeframes displayed on our website are estimates and may vary depending on:
- product availability;
- delivery destination;
- carrier operations;
- public holidays;
- weather;
- transport disruptions; and
- other circumstances outside our reasonable control.
Once your order leaves our warehouse, you will receive a dispatch confirmation email with tracking details where available.
Once an order has been handed to the applicable carrier, delivery is managed by that carrier and delays occurring within the carrier's delivery network may be outside Digital Camera Warehouse's reasonable control.
However, Digital Camera Warehouse remains responsible for complying with any obligations that cannot lawfully be excluded under the Australian Consumer Law.
17. Insurance
The cost of applicable transit insurance is included in our delivery charges.
All orders are sent using a tracked delivery service and require a signature on delivery unless the recipient subsequently changes the delivery instructions directly with the carrier, including selecting Authority to Leave where available.
Insurance claims must be reported to the applicable freight company and Digital Camera Warehouse for assessment.
If your parcel is lost or damaged in transit, please contact us as soon as reasonably possible so that we can assist with the applicable investigation or claim.
You may be asked to retain packaging and provide photographs or other reasonable information required to assess the claim.
Nothing in this section limits your rights under the Australian Consumer Law.
18. Authority to Leave (ATL)
Due to the nature and value of our products, Authority to Leave is not enabled by default.
If no one is available at the delivery address at the time of delivery, your parcel may be redirected to an appropriate collection location in accordance with the carrier's delivery procedures.
You may choose to update your delivery preferences directly with the carrier, including selecting Authority to Leave where this option is available.
If you alter the delivery instructions directly with the carrier, including authorising a parcel to be left unattended, those instructions are provided at your request and the carrier's applicable delivery terms may apply.
To the extent permitted by law, Digital Camera Warehouse is not responsible for loss or damage arising solely as a result of delivery instructions provided or changed directly by the recipient after dispatch.
Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded.
19. Order Cancellations
If you wish to cancel an order, please contact us as soon as possible.
Whether an order can be cancelled may depend on its processing status, whether goods have already been dispatched, whether an item has been specially ordered or sourced and any applicable consumer rights.
As outlined above, a 2% administration fee applies to customer cancellations of products marked “Stock Delayed – Call to Check Availability” and customer cancellations of multiple-unit orders where payment was made by credit card or PayPal.
The administration fee does not apply where doing so would be inconsistent with rights or remedies available to you under the Australian Consumer Law.
Nothing in this section limits your right to a refund, replacement or other remedy where you are legally entitled to one.
20. Returns, Warranties and Consumer Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Depending on the circumstances, you may be entitled to a repair, replacement, refund, compensation or other remedy where goods fail to meet applicable consumer guarantees.
Manufacturer warranties are provided in addition to, and do not replace, your rights under the Australian Consumer Law.
Please refer to our Returns and Warranty information for further details regarding returns, assessments and warranty claims.
21. Gift Cards and Vouchers
Gift cards and vouchers purchased from or issued by Digital Camera Warehouse may be subject to additional terms and conditions, including applicable validity periods, redemption requirements and exclusions.
Photo identification may be required when using certain gift vouchers or collecting goods purchased using a voucher as part of our security and fraud-prevention procedures.
Nothing in this section limits any rights that cannot lawfully be excluded.
22. Privacy
Digital Camera Warehouse collects, holds, uses and discloses personal information in accordance with our Privacy Policy and applicable privacy laws.
Personal information may be used for purposes including:
- processing orders and payments;
- verifying transactions and customer identity where reasonably necessary;
- providing customer service;
- detecting and preventing fraud or unauthorised activity;
- arranging delivery and collection;
- fulfilling orders;
- providing warranty, repair and after-sales services; and
- managing our website, systems and business operations.
Where reasonably necessary to fulfil an order, provide a requested service or operate our business, relevant personal information may be shared with service providers, financial institutions, payment providers, delivery and logistics providers, suppliers, manufacturers, fulfilment partners, fraud-prevention providers or other authorised third parties.
Some service providers, technology providers and contractors may be located outside Australia or may store, process or access personal information from overseas. Further information about overseas disclosure and storage is provided in our Privacy Policy.
For further information about how we collect, hold, use and disclose personal information, including information about cookies and analytics, marketing communications, overseas disclosures, security, retention, access and correction rights and privacy complaints, please refer to our Privacy Policy.
23. Marketing Communications
Where you have consented to receive marketing communications from Digital Camera Warehouse, or where we are otherwise permitted by law, we may send you information about products, promotions, competitions, events, photography tips and other relevant content.
Purchasing a product from Digital Camera Warehouse does not, by itself, require you to subscribe to our marketing communications.
You can opt out of marketing communications at any time using the unsubscribe facility provided in the communication or by contacting us.
We will action unsubscribe requests in accordance with applicable law.
You may continue to receive transactional or service communications that are reasonably necessary in connection with your orders, payments, deliveries, account, warranties, repairs, security matters or customer service enquiries.
24. Cookies and Website Technologies
Our website may use cookies, pixels, tags, local storage and similar technologies to:
- operate essential website functionality;
- maintain your shopping cart and session;
- remember your preferences;
- help secure the website;
- detect fraud or suspicious activity;
- understand website traffic and usage;
- diagnose performance issues;
- improve our website and services;
- provide analytics;
- measure the effectiveness of advertising and campaigns; and
- provide or measure advertising and marketing activities where permitted by law.
Some of these technologies may be provided by third-party analytics, advertising, ecommerce or technology providers.
You may configure your browser or device to restrict or delete certain cookies. However, doing so may affect the functionality of some parts of our website.
Where consent is required by applicable law for a particular technology or use, we will seek that consent.
Further information about cookies, analytics, advertising technologies and related data handling is available in our Privacy Policy.
25. Intellectual Property
Unless otherwise stated, the content available through the Digital Camera Warehouse website, including text, graphics, logos, photographs, videos, website design and other original material, is owned by or licensed to Digital Camera Warehouse and is protected by applicable intellectual property laws.
Product names, trademarks, logos and images belonging to manufacturers, suppliers and other third parties remain the property of their respective owners.
Except as permitted by law, you must not reproduce, copy, modify, republish, distribute, display, transmit or commercially exploit material from our website without prior permission from Digital Camera Warehouse or the applicable rights holder.
Nothing in these Terms grants you ownership of any intellectual property belonging to Digital Camera Warehouse or a third party.
26. Third-Party Websites, Services and Tools
Our website may contain links to or integrate with websites, payment services, applications, tools or services operated by third parties.
We do not control those third-party services and their own terms, privacy policies and conditions may apply.
Links or access to third-party services are provided for convenience and do not necessarily constitute endorsement by Digital Camera Warehouse.
To the extent permitted by law, Digital Camera Warehouse is not responsible for the content, availability, security or privacy practices of third-party websites or services that are outside our control.
Nothing in this section limits any liability that cannot lawfully be excluded.
27. Customer Reviews, Feedback and Submissions
If you submit a product review, comment, photograph, suggestion, feedback or other content to Digital Camera Warehouse, you confirm that you have the right to provide that content and that it does not infringe the rights of another person.
You must not submit content that is unlawful, defamatory, misleading, abusive, obscene, fraudulent or infringes another person's intellectual property or privacy rights.
Where you provide content for publication or promotional use, you grant Digital Camera Warehouse a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for the purposes for which it was submitted, including operating, promoting and improving our business and services.
We may remove content from our website where we reasonably believe it breaches these Terms or applicable law.
28. Prohibited Uses
You must not use our website:
- for any unlawful or fraudulent purpose;
- to infringe our intellectual property rights or the rights of another person;
- to submit false, misleading or fraudulent information;
- to impersonate another person or organisation;
- to transmit viruses, malware or other harmful code;
- to interfere with or circumvent website security;
- to gain unauthorised access to our systems or another person's account;
- to collect personal information about other users without authority;
- to send spam or unsolicited communications;
- to scrape, crawl or systematically extract website content in a manner that materially interferes with our website or breaches applicable law; or
- in any way that could damage, disable or materially interfere with our website or services.
We may restrict or suspend access to our website or an account where we reasonably believe these Terms have been materially breached.
29. Website Availability
We take reasonable steps to maintain the availability and security of our website.
However, we do not guarantee that the website will always be available, uninterrupted or error-free.
The website may occasionally be unavailable because of maintenance, upgrades, technical issues or circumstances outside our reasonable control.
Nothing in this section limits any rights or remedies that cannot lawfully be excluded.
30. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
To the extent permitted by law, Digital Camera Warehouse is not liable for indirect, incidental, special or consequential loss arising from use of our website or services where that liability may lawfully be excluded.
Any limitation or exclusion of liability contained in these Terms applies only to the maximum extent permitted by law.
31. Australian Consumer Law
Our goods and services may be subject to consumer guarantees and other protections under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
These rights are provided by law and are separate from any manufacturer's warranty, extended warranty or other warranty offered in connection with a product.
Nothing in these Terms is intended to exclude, restrict or modify those rights where doing so would be unlawful.
If there is any inconsistency between these Terms and a right or remedy available under applicable law that cannot be excluded, the applicable law will prevail.
32. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down to the extent necessary or, where that is not possible, severed from these Terms.
The remaining provisions will continue to apply to the extent permitted by law.
33. Waiver
If Digital Camera Warehouse does not immediately exercise or enforce a right under these Terms, this does not mean that we waive that right.
A waiver of a particular right or breach does not constitute a waiver of any other right or subsequent breach.
34. Entire Agreement
These Terms, together with any policies or specific terms expressly incorporated or referenced within them, constitute the agreement between you and Digital Camera Warehouse concerning your use of our website and applicable purchases.
Specific promotional, warranty, finance, gift card or other terms may also apply to particular products, services or transactions.
Nothing in this section excludes representations, rights or remedies that cannot lawfully be excluded.
35. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Digital Camera Warehouse may assign or transfer its rights and obligations as part of a genuine sale, transfer, restructure or reorganisation of its business, provided doing so does not reduce any rights you have that cannot lawfully be excluded.
36. Changes to These Terms
We may update these Terms from time to time to reflect changes to our website, business operations, products, services, payment methods, delivery arrangements, policies or legal requirements.
The current version will be published on our website and will apply from the date of publication.
Changes will not retrospectively remove rights that have already accrued or alter an existing order in a way that would be unlawful.
37. Governing Law
These Terms are governed by the laws of Victoria, Australia and the laws of the Commonwealth of Australia.
You and Digital Camera Warehouse submit to the jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
38. Contact Us
If you have any questions about these Terms, your order or your rights as a customer, please contact Digital Camera Warehouse using the contact details provided on our website.
DCW (NSW) PTY LTD
Trading as Digital Camera Warehouse
ABN: 73 645 463 627
Main business location: VIC 3125, Australia
For privacy enquiries, requests to access or correct personal information, or privacy complaints, please refer to the contact details for our Privacy Officer in our Privacy Policy.