Terms of service

TERMS OF SERVICE – PHOTOBRICK AUSTRALIA

Last updated: September 2026

OVERVIEW

Welcome to Photobrick Australia.

This website is operated by Photobrick Pty Ltd (ABN 69 632 188 071), trading as Photobrick Australia ("Photobrick", "we", "us" or "our"). Throughout these Terms, "you" and "your" refer to the customer, visitor or user of our website and services.

Photobrick provides personalised photo mosaic kits and related products that allow customers to transform their photographs into custom brick-style artwork.

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and services to you.

These Terms of Service ("Terms") govern your access to and use of our website, products and services, including placing orders, uploading photographs and approving personalised designs.

By accessing our website, placing an order or using our services, you agree to these Terms together with our Privacy Policy, Shipping Policy, Refund Policy and any other policies referenced on our website.

If you do not agree to these Terms, please do not use our website or services.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law (ACL) or other applicable Australian law.

1. ELIGIBILITY AND ACCOUNT INFORMATION

You must be legally capable of entering into a binding agreement to purchase products from us.

When placing an order, you agree to provide accurate, complete and current information, including your name, email address, billing information, shipping address and any other information reasonably required to process your order.

You are responsible for ensuring that your contact and delivery information is correct.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

2. PHOTOBRICK PRODUCTS

Photobrick specialises in personalised photo mosaic kits.

Each personalised Photobrick is created using the photograph or other image supplied by the customer.

Because Photobrick products are custom-designed, the final design may vary depending on factors including:

• the quality and resolution of the original photograph;
• lighting and contrast;
• colours in the original photograph;
• the number of people or subjects;
• the selected Photobrick size;
• available brick colours;
• cropping and composition; and
• the level of detail that can reasonably be reproduced using a brick-based mosaic format.

The Photobrick design is an artistic interpretation of the supplied image and is not intended to reproduce the original photograph pixel-for-pixel.

3. PHOTOGRAPHS AND IMAGE QUALITY

You are responsible for selecting and uploading an image suitable for your Photobrick.

For best results, we recommend using a clear, well-lit, high-resolution photograph where the main subjects are clearly visible.

Images that are blurry, very dark, heavily compressed, low resolution or contain too many subjects may produce less detail in the final mosaic.

We may recommend:

• a different photograph;
• a different crop;
• a larger Photobrick size; or
• other design adjustments

where we believe this would produce a better result.

Any recommendation is intended to assist you but does not guarantee a particular aesthetic result.

4. DESIGN PREVIEW AND APPROVAL

Where a design preview is provided, it is intended to show you an approximate representation of your finished Photobrick before production.

You should carefully review:

• the image;
• crop and positioning;
• colours;
• overall composition;
• background;
• size; and
• any other personalised elements.

If changes are required, you should notify us before approving the design.

We may provide reasonable design revisions before production.

Once you approve a preview, you confirm that you are satisfied with the design and authorise Photobrick to proceed with production.

After approval and once production has commenced, changes or cancellations may no longer be possible.

5. DIGITAL PREVIEWS AND COLOUR VARIATIONS

A digital preview is a representation of the proposed Photobrick design and is not a guarantee that the physical product will appear identical to the image displayed on your screen.

Colours may vary due to:

• screen brightness;
• monitor or mobile display settings;
• colour calibration;
• lighting conditions;
• photographic processing; and
• the available physical brick colours.

Small differences between the digital preview and the physical product are normal and do not necessarily constitute a defect.

This does not affect your rights where a product fails to comply with an applicable consumer guarantee under the Australian Consumer Law.

6. CUSTOMER IMAGE RIGHTS

By uploading or supplying a photograph, artwork, logo or other image to Photobrick, you represent that:

1. you own the image; or
2. you have permission or another lawful right to use the image for the purpose of creating the ordered product.

You must not knowingly upload material that infringes another person's copyright, trademark, privacy, publicity or other legal rights.

You grant Photobrick a limited, non-exclusive licence to use, reproduce, crop, resize, modify and process the supplied image solely as reasonably necessary to:

• create your design;
• provide previews;
• manufacture your order;
• provide customer support; and
• fulfil the transaction.

Supplying an image to create an order does not, by itself, give Photobrick permission to use that image publicly for advertising or marketing.

Any marketing use requiring additional permission will be handled separately where required.

7. PROHIBITED CONTENT

We reserve the right to refuse an image or cancel an order where the supplied content is unlawful or where producing the requested product would reasonably expose Photobrick to legal liability.

This may include content that infringes intellectual property rights or unlawfully violates another person's privacy.

Where an order is cancelled by us before production for these reasons, any applicable refund will be handled in accordance with our Refund Policy and applicable law.

8. ORDERS

Submitting an order constitutes an offer to purchase products from Photobrick.

An automated order confirmation does not necessarily constitute final acceptance of an order.

We may refuse or cancel an order where reasonably necessary, including because of:

• incorrect pricing;
• suspected fraud;
• payment failure;
• product unavailability;
• inability to manufacture the requested design;
• an obvious website or system error; or
• unlawful or prohibited content.

If we cancel an order after payment and before supplying the product, we will provide any refund required under applicable law.

9. PERSONALISED PRODUCTS AND CANCELLATIONS

Most Photobrick products are personalised specifically for each customer.

Because personalised products cannot generally be resold, change-of-mind cancellations may not be available once design or production work has commenced.

If you wish to cancel or change your order, contact us as soon as possible at:

info@photobrick.com.au

If production has not commenced, we will make reasonable efforts to accommodate your request.

If design work or production has already commenced, cancellation or changes may be unavailable or may involve reasonable costs already incurred.

Nothing in this section limits your rights under the Australian Consumer Law in relation to faulty products or other failures to comply with applicable consumer guarantees.

10. ORDER CHANGES

Please review your order carefully before submitting it.

Changes to:

• photographs;
• size;
• frame selection;
• quantity;
• delivery address; or
• other personalised options

should be requested as soon as possible.

We cannot guarantee that a requested change can be made after an order has entered production or has been dispatched.

Any upgrade or additional product requested after the original order may require additional payment.

11. PRICING AND PAYMENT

All prices displayed on our Australian website are in Australian Dollars (AUD) unless otherwise stated.

Where required by Australian law, applicable GST will be included in or otherwise clearly disclosed as part of the displayed price.

Shipping costs, where applicable, will be displayed during checkout.

We reserve the right to change product prices at any time, but price changes will not retrospectively affect an accepted order except where there has been an obvious pricing or system error and applicable law permits us to correct it.

Payment must be successfully authorised before an order can proceed.

12. PROMOTIONS AND DISCOUNT CODES

Promotional codes and discounts may be subject to additional conditions.

Unless otherwise stated:

• discount codes cannot be exchanged for cash;
• only one promotional code may be used per order;
• promotions may have expiry dates;
• exclusions may apply; and
• discounts generally cannot be applied retrospectively to completed purchases.

We may withdraw or amend promotions in accordance with their stated terms and applicable law.

13. PRODUCTION TIMES

Because Photobrick products are personalised, production times may vary.

Any production or dispatch timeframe displayed on our website or communicated to you is an estimate unless expressly stated otherwise.

Production may take longer where:

• additional design revisions are requested;
• we are waiting for customer approval;
• an uploaded image requires additional work;
• a particular frame, component or colour is temporarily unavailable;
• order volumes are unusually high; or
• circumstances outside our reasonable control affect production.

Where customer approval is required, estimated production time may commence after final approval.

14. SHIPPING AND DELIVERY

Orders are delivered to the shipping address supplied by the customer.

Estimated delivery times are estimates only unless we expressly agree otherwise.

Delivery may be affected by circumstances outside our reasonable control, including carrier delays, severe weather, peak periods and other logistics disruptions.

We remain subject to all obligations imposed on us by applicable Australian consumer law.

Please refer to our Shipping & Delivery Policy for additional information.

15. INCORRECT DELIVERY INFORMATION

Customers are responsible for providing an accurate and complete delivery address.

If you notice an error, contact us immediately.

We will make reasonable efforts to update the address before dispatch but cannot guarantee that changes can be made after an order has been processed or shipped.

Where an order is returned to us because the customer supplied an incorrect or incomplete address, reasonable additional delivery costs may apply before the order is resent, except where the issue was caused by us or where applicable law provides otherwise.

16. DAMAGED PRODUCTS, MISSING PARTS AND FRAMES

If your Photobrick arrives damaged, incomplete or with an incorrect component, please contact us as soon as reasonably practicable.

To help us assess the issue, we may request:

• your order number;
• photographs of the product;
• photographs of the packaging;
• details of missing pieces or components; and
• any other information reasonably necessary to identify the issue.

Depending on the circumstances and your rights under Australian Consumer Law, an appropriate remedy may include:

• supplying missing pieces;
• supplying a replacement component;
• replacing a damaged frame;
• repairing or replacing the product;
• providing a refund; or
• another remedy required by law.

17. AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage.

You may also be entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law that cannot legally be excluded, restricted or modified.

Our Refund Policy should be read together with these rights.

18. RETURNS AND REFUNDS

Returns, refunds, replacements and other remedies are governed by our Refund Policy and the Australian Consumer Law.

Personalised products may not be eligible for a change-of-mind return merely because you decide you no longer want the product after production has commenced.

However, this does not affect any rights you may have where the product is faulty, damaged, materially different from what was ordered or otherwise fails to comply with an applicable consumer guarantee.

19. FRAMES AND ACCESSORIES

Where an aluminium frame or other accessory is included with or purchased for a Photobrick, availability may vary.

In some circumstances, components may be dispatched separately.

A component arriving separately does not necessarily mean it is missing from the order.

If an item is temporarily unavailable, we may contact you regarding expected availability or available alternatives.

Your rights under applicable consumer law remain unaffected.

20. INTELLECTUAL PROPERTY

Except for customer-supplied content and third-party materials, the Photobrick website and its original content, branding, graphics, software, layouts, designs, text, product imagery and other materials are owned by or licensed to Photobrick and are protected by applicable intellectual property laws.

You may use our website for personal, non-commercial shopping purposes.

You must not, without our written permission:

• reproduce our proprietary website content for commercial purposes;
• copy or commercially exploit our proprietary designs;
• use Photobrick branding in a way that falsely suggests affiliation or endorsement;
• interfere with or attempt to reverse engineer proprietary website functionality; or
• otherwise infringe our intellectual property rights.

21. REVIEWS AND CUSTOMER FEEDBACK

If you voluntarily submit a product review, testimonial or other feedback, you grant Photobrick a non-exclusive, worldwide, royalty-free licence to reproduce, publish and display that feedback for legitimate business and marketing purposes, subject to applicable law.

We may moderate or remove reviews that are unlawful, fraudulent, abusive, spam, unrelated to the product or otherwise inappropriate.

Where required by law, incentivised reviews or endorsements will be disclosed appropriately.

22. THIRD-PARTY SERVICES

Our website may use third-party providers including payment processors, shipping providers, analytics providers and other technology services.

Your use of certain third-party services may also be subject to their respective terms and privacy practices.

We are not responsible for independent third-party websites that you choose to visit through external links on our website.

23. SHOPIFY

Our online store is hosted using Shopify.

Shopify provides the e-commerce infrastructure that enables us to operate the store, but your purchase of Photobrick products is a transaction between you and Photobrick Pty Ltd, not Shopify.

Shopify and other service providers may process certain information in connection with your use of the website as described in our Privacy Policy.

24. PRIVACY

We handle personal information in accordance with our Privacy Policy and applicable Australian privacy law.

This includes information provided when you:

• browse our website;
• place an order;
• upload a photograph;
• contact customer service;
• subscribe to marketing communications; or
• otherwise interact with Photobrick.

Please refer to our Privacy Policy for further details.

25. WEBSITE AVAILABILITY AND ERRORS

We aim to keep information on our website accurate and current.

However, occasional errors may occur in relation to:

• product descriptions;
• availability;
• pricing;
• promotions;
• shipping charges;
• photographs; or
• other website information.

Where permitted by law, we may correct obvious errors and update website information.

If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law.

26. PROHIBITED USES

You must not use our website:

• for unlawful purposes;
• to infringe another person's rights;
• to transmit malware or malicious code;
• to attempt unauthorised access to our systems;
• to scrape or systematically extract protected website content in violation of applicable law or our rights;
• to commit fraud;
• to interfere with the operation or security of our website; or
• to impersonate another person.

We may suspend or restrict access where reasonably necessary to protect our website, customers or business.

27. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Photobrick will not be liable for indirect or consequential losses arising from use of the website or products where such liability may lawfully be excluded.

However, nothing in these Terms excludes, restricts or modifies:

• any consumer guarantee;
• any statutory right;
• any remedy; or
• any liability

that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

Where our liability can lawfully be limited, it will be limited only to the extent permitted by law.

28. INDEMNITY

To the extent permitted by law, you agree to indemnify Photobrick against third-party claims arising directly from:

• your unlawful use of our services;
• your material breach of these Terms; or
• your knowing infringement of another person's intellectual property or other legal rights through content you provide to us.

This clause does not apply to the extent that the loss or claim was caused or contributed to by Photobrick.

29. TERMINATION OR SUSPENSION

We may restrict or terminate access to our website where reasonably necessary, including where a user:

• materially breaches these Terms;
• engages in fraudulent activity;
• attempts to compromise our systems; or
• uses our services unlawfully.

Termination does not affect rights or obligations that accrued before termination.

30. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the courts of Victoria and any courts entitled to hear appeals from those courts, subject to any rights or jurisdiction available to consumers under applicable law.

Nothing in these Terms is intended to prevent an Australian consumer from exercising any right available under applicable consumer protection legislation.

31. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

32. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our products, services, business practices or legal requirements.

The latest version will be published on this page together with the date it was last updated.

Changes will not retrospectively remove rights that have already accrued under an existing order.

33. CONTACT INFORMATION

Questions regarding these Terms of Service, our products or an existing order can be directed to:

Photobrick Pty Ltd
Trading as Photobrick Australia

ABN: 69 632 188 071

Business Address:
141 Chesterville Road
Moorabbin VIC 3189
Australia

Email:
info@photobrick.com.au

Website:
photobrick.com.au