Terms & Conditions

1. YOUR LEGAL RIGHTS

Your purchase of Goods from CameraPro will be subject to certain laws including, without limitation, the Australian Consumer Law. 

The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that CameraPro represents they will be fit for and that the Goods will correspond with any description. 

Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

Full details of your consumer rights may be found at www.consumerlaw.gov.au.

 

2. DEFINITIONS

In these Terms and Conditions:

"Account" means a personal account created by you on the Website;

"Additional Delivery Charge" has the meaning given in clause 4.4;

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any replacement or re-enactment thereof;

“Business Day” means a day on which the major trading banks are open for ordinary business in Brisbane, Australia, excluding a Saturday, Sunday or Public Holiday;

“CameraPro” means Camera Pro Pty Ltd ACN 134 765 521, its successors and assigns, or any person acting on behalf of and with the authority of Camera Pro Pty Ltd;

“Credit Card Surcharge” means the fees payable by CameraPro to the respective credit card or online merchant for offering the merchants payment facility to its customers. 

"Delivery Charge" has the meaning given in clause 4.3;

“Goods” means all goods supplied by CameraPro to you;

“GST” has the same meaning as stated in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any replacement or re-enactment thereof;

"International Delivery Charge" has the meaning given in clause 4.5;

“Price” means the price payable for the Goods pursuant to clause 4;"Order" means an order for Goods, placed on the Website, over the phone, or via email;

"Password" means the password needed to access your Account;

“Special Order Items” means any items which CameraPro does not keep readily available in stock and/or for quantities of an item that are greater than what CameraPro normally keeps readily available in stock. 

“Surcharge” has the meaning given in clause 6.2;

“Terms and Conditions” means these terms and conditions;"Website" means this Website, www.CameraPro.com.au;

“You” means you as the customer purchasing the Goods, your successors and assigns or any person acting on behalf of you or with your authority. 

 

3. AGREEMENT

3.1. These Terms and Conditions are the terms and conditions upon which you agree to purchase Goods from CameraPro.

3.2. By using this Website, you agree that these Terms and Conditions shall apply, and agree to be bound by these Terms and Conditions.

3.3. The Terms and Conditions shall only be amended by the written consent of CameraPro.

 

4. PRICES, DELIVERY CHARGES & TAXES

4.1. Prices for Goods are as shown on the Website. The Prices do not include the Credit Card Surcharge.

4.2. CameraPro reserves the right to change the prices of Goods at any time without notice to you.

4.3. In addition to the price for the Goods, you must also pay the advertised delivery charge (if any) ("Delivery Charge"). Any Delivery Charge will appear in your shopping cart.

4.4. In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service ("Additional Delivery Charge"). These locations include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having "free delivery", "free freight" or something similar. If you believe that you might live in such a location, you can email Customer Service via sales for more information.

4.5. If CameraPro agrees to deliver Goods outside of Australia, international delivery charges (including but not limited to shipping and any duty) will apply ("International Delivery Charges"). Please contact [email protected] for any International Delivery Charge quotation.

4.6. By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Credit Card Surcharge (if applicable), any relevant Payment Method Surcharge If applicable), any Additional Delivery Charge and any International Delivery Charge.

4.7. All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges and/or Credit Card Surcharges are quoted in Australian dollars and, where applicable, are inclusive of GST.

 

5. YOUR ACCOUNT

5.1. Before placing an Order, you may need to create an Account. Your account is protected by a password which you nominate (Password).  

5.2. You may not set up an Account for someone else or on behalf of an entity which you are not authorised to act as agent for. When you create an account for an entity, CameraPro will act on the basis that you have authority from that entity to purchase Goods from CameraPro subject to the terms set out in these Terms and Conditions.

5.3. Please ensure that you enter all information carefully when creating an Account. You warrant to CameraPro that all information provided by you in relation to your Account (account information) is complete, true and accurate.

5.4. You must notify CameraPro immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

5.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: 

 

   a. your account information being incomplete or inaccurate; or 

  b. any unauthorised use of your Password or Account which takes place before you notify CameraPro, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

5.6. You agree to indemnify CameraPro against any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify CameraPro.

 

6. ORDERS

6.1. You can place an Order by following the instructions on the Website.

6.2. CameraPro accepts all the major payment methods including cash, EFTPOS, Bank Transfer, Bank Cheque, Visa, MasterCard, Amex, zipMoney and PayPal. Please note that all prices on our Website are quoted based on cash, bank cheque, money order, bank transfer or EFTPOS. A 1.5% PayPal surcharge applies to PayPal payments received online or over the phone (“Surcharge”). A 0.75% Credit Card surcharge applies to Credit Card payments received online, over the phone or in store (“Surcharge”) for Visa and Mastercard. A 0.75% Credit Card surcharge applies to Credit Card payments received online (“Surcharge”) for AMEX. A 2.4% Credit Card surcharge applies to Credit Card payments received over the phone or in store (“Surcharge”) for AMEX. When you choose to pay for Goods by credit card (Visa, MasterCard, American Express), certain prepaid payment cards, or PayPal:

  a. CameraPro will conduct a verification of your payment to ensure the security of customers and cardholders and as a requirement of our banking and merchant facilities.

  b. CameraPro reserves the right to charge the Credit Card Surcharge to you.

6.3. CameraPro reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.4. An Order submitted by you is an offer by you to purchase the Goods for the Price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge, International Delivery Charge, or Surcharge. 

6.5. CameraPro may accept or reject your offer in its absolute discretion. In particular, but without limitation, CameraPro may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact [email protected].

6.6. Each Order that you place will, if accepted by CameraPro, be a separate and binding agreement between you and CameraPro with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

6.7. If you place an Order for someone else to receive the Goods you must obtain their consent before providing CameraPro with their personal information and, by placing an Order, you confirm to CameraPro that you have done this.

6.8. Please ensure that you enter all information carefully when placing an Order. You warrant to CameraPro that all information provided by you in relation to each Order is complete, true and accurate.

6.9. Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by CameraPro. CameraPro will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.10. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by CameraPro, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6.11. Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. CameraPro cannot consolidate separate Orders into one delivery.

6.12. Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the Goods are being dispatched from different locations; or where the Goods are of different types (e.g. a mixture of hardware and software).

6.13. You acknowledge that all Goods that you Order are intended for personal, domestic and non-commercial use only.

6.14. The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed. By placing an Order you acknowledge these risks and hold CameroPro harmless for any loss or damage suffered by you resulting from acceptance of these risks.

6.15. You must take your own precautions to ensure that the process which you employ for accessing the Website: 

  a. does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system; and 

  b. contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

6.16. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in clauses 6.14 or 6.15 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

7. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

7.1. When you submit an Order you will receive an email which includes an Order reference number. Please note that this is not a confirmation that your Order has been accepted or communication of acceptance by CameraPro to enter into a contract with you.

7.2. If CameraPro is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.

7.3. In the event that your Order is cancelled following the taking of the payment, the payment will be refunded. The time that it takes for the payment to be refunded and arrive back into your account is likely to be between 1 (one) and 10 (ten) Business Days and will depend upon how quickly your financial institution/payment provider processes the cancellation.

7.4. When CameraPro accepts an Order it represents an agreement by CameraPro to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

When you choose to pay for Goods by credit card (Visa, Mastercard or AMEX), certain prepaid payment cards, or PayPal account, the name on the credit card/payment card must match the name on the Order. By providing your credit card/payment card you authorise CameraPro to deduct the price and the applicable delivery charge(s) from such card.

7.5. CameraPro may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

  a. where our fraud detection systems detect possible irregularities;

  b. because your financial institution has declined payment; or

  c. because your payment card has expired. Where this is the case, your Order will be placed on hold and CameraPro will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with CameraPro's requests within the time specified (or if no time is specified, a reasonable time), CameraPro may cancel your Order.

7.6. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

 

8. CANCELLATION OF ORDERS

8.1. CameraPro reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. CameraPro may do this for example, but without limitation, where:

  a. CameraPro's suppliers are unable to supply Goods that they have previously promised to supply;

  b. an event beyond CameraPro's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that CameraPro is unable to supply the Goods within a reasonable time;

  c. Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

  d. you ask CameraPro to cancel your Order in accordance with clause 6.9; or

  e. in the circumstances set out in clause 8.2.

8.2. You may cancel your Order where CameraPro:

  a. has breached a material term of these Terms and Conditions;

  b. is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: 

    I. for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; 

    II. which was outside CameraPro's control including the situations set out in clauses 8.1 (a) and (b) above.

8.3. Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your Order cannot be cancelled once we have provided you with the order confirmation and order reference number. 

8.4. In instances of you requesting to cancel an order outside of these Terms and Conditions, and in the instance that CameraPro at its sole discretion agrees to the cancellation/amendment of the order, a handling/administrative fee of $50 may be applicable. Any Special Order Items or items under certain categories or on special may not be able to be cancelled once order has been placed, pursuant to clauses 8.1 & 8.2 above.

8.5. In the event of CameraPro or you cancelling your Order after payment has been processed, CameraPro will refund any money paid in respect of that Order, pursuant to clause 14.

8.6. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

9. AVAILABILITY OF GOODS/DEMO STOCK

9.1. As CameraPro is dependent upon its Suppliers to provide stock, CameraPro cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. CameraPro reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9.2. Goods that are shown on the Website as "Demo Stock" are Goods which have been put onto display in our showroom. All Demo Stock is in working order and comes with the standard manufacturer's warranty.

 

10. DELIVERY

10.1. Goods will generally only be delivered to addresses within Australia. CameraPro will deliver to PO Boxes in Australia only when payments are made via Bank Transfer.

10.2. CameraPro may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.

10.3. Risk and title in Goods passes to you:

  a. If the delivery address is in Australia - on the date and time of delivery of the Goods to the delivery address provided in your Order. 

  b. If the delivery address is outside Australia – on the date and time that CameraPro posts the Goods or dispatches to a courier.

10.4. Following dispatch of your Goods, CameraPro will email you with confirmation of dispatch and an invoice for your Order.

10.5. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

10.6. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address CameraPro may charge you a reasonable fee for doing this.

10.7. Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.

 

11. PICK-UP OF GOODS IN STORE  

11.1. Many Goods can be picked up from a CameraPro store rather than being dispatched to you. Where you wish to do this, you will need to nominate this option when you place your Order.

11.2. Only the relevant Account holder may pick-up in-store Goods ordered on that Account.

11.3. When picking up Goods in store:

  a. you must provide photo identification (current drivers licence, passport or an Australia Post Keypass) to store staff to verify that you are the purchaser. If requested, you must allow CameraPro to take a copy of this identification for fraud prevention purposes. The copy will not be used by CameraPro for any other purpose or disclosed to any person outside of CameraPro, with the exception of banking or law enforcement agencies upon requirement to do so;

  b. store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

  c. you will also need to bring the email that CameraPro has sent to you confirming that the stock is available for pick-up; and

  d. store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event CameraPro will contact the person who placed the Order using the contact details provided.

 

12. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

12.1. You agree and acknowledge that: 

  a. CameraPro does not guarantee the delivery or availability of Goods within any timeframes in these Terms and Conditions or otherwise specified by CameraPro or any of its staff;

  b. events outside CameraPro's control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

  c. delays are particularly likely to occur around Christmas, Easter and public holidays and it is recommended that Orders are placed well in advance of these events; and

  d. except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither CameraPro nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

13. GIFT CARDS

13.1. The terms and conditions for gift cards are specified on the pages for relevant items, and apply to the extent that they are not inconsistent with these Terms and Conditions.

 

14. REFUNDS

14.1. Where CameraPro is obliged to refund your payment pursuant to these Terms and Conditions or under any law, CameraPro aims to initiate your refund within 2 (two) Business Days but does not warrant that it will do so. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

14.2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), CameraPro will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

 

15. RETURNS 

Returns Due to Change of Mind

15.1. No refunds, credits or replacements are offered if you have changed your mind about the ordered products, made an incorrect choice, or failed to verify and accurately provide information when placing an order.

15.2. CameraPro reserves the right to offer a refund or exchange out of goodwill only, with a restocking fee up to 25% of the original invoiced price. Special order items are unable to be returned for refund or credit for change of mind.

Gift Returns

15.3. It can be difficult to purchase photography gear for others when you consider the many variables. We want to make the process as pain-free as possible for you, so if you're purchasing a gift for someone, let us know ahead of time and we can pre-authorise a return should you purchase the wrong item. Pre-authorisation is on a case by case basis at CameraPro’s absolute discretion. Where pre-authorisation is granted, you will have 10 (ten) Business Days from the day you receive the Goods for return for credit or exchange in case of incorrect choice, provided the Goods are brand new and unopened, and were not Special Order Items.

Returns Where Goods Do Not Match Description or are Damaged/Faulty

15.4. You should check your Goods as soon as they are delivered to you in order to ensure that:

  a. they match the description provided; and 

  b. they are not damaged or faulty. 

If this is not the case you must contact CameraPro on [email protected] within 5 (five) Business Days of delivery. To the extent permitted by law, CameraPro reserves the right to refuse a refund, replacement or repair if it is first notified after this 5 (five) Business Day period has elapsed.

15.5. To the extent permitted by law, CameraPro reserves the right to refuse a refund, replacement or repair where damage was caused or partly caused by:

  a. Failure to properly maintain or store any Goods; 

  b. Use of the Goods for any purpose other than that for which they were designed;

  c. You continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

  d. Failure to follow any lawful instructions or guidelines provided by CameraPro; or

  e. Fair wear and tear.

15.6. To the extent permitted by law, CameraPro further reserves the right to refuse a refund or replacement merely because packaging is damaged in transit. The packaging exists to protect the Goods themselves.

15.7. When returning Goods:

   a. You must provide CameraPro with your proof of purchase;

   b. It is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

 

16. PRIVACY

16.1. CameraPro is committed to ensuring that your privacy is protected when using our Website.

What we collect

16.2. We may collect the following information:

    a. Your name;

    b. Your contact information including an address for delivery, billing address, email address, and telephone number;

    c. Your demographic information such as postcode, preferences and interests; and

    d. Other information relevant to customer surveys and/or offers

For the exhaustive list of cookies (and by extension, information) we collect see below.

What we do with the information we gather

16.3. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

   a. Internal record keeping.

   b. We may use the information to improve our products and services.

   c. We may periodically: 

      a. send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

      b. also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. By placing Orders via our Website you consent to our releasing your information to third parties for marketing purposes (including, but not limited to, industry entities such as photography clubs).  

  d. We may use the information to customise the Website according to your interests.

  e. You may opt out of the options in 16.3(c) by emailing: [email protected].

Security

16.4. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

16.5. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

16.6. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website in order to tailor it to customer needs. 

16.7. Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of the Website.

16.8. The table below lists the cookies we collect and what information they store. 

 

 

Links to other websites

16.9. Our Website may contain links to other websites of interest. 

  a. Please note that we have no control over the content of any external website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

  b. CameraPro is not responsible for any loss or damage suffered by you as a result of visiting any external website via link from the Website or otherwise.

Controlling your personal information

16.10. You may request details of personal information which we hold about you pursuant to relevant State and Territory or Commonwealth law. A small fee will be payable. If you would like a copy of the information held on you please email us at [email protected]. 

16.11. If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible at [email protected] . We will promptly correct any information found to be incorrect.

17. GENERAL

17.1. CameraPro reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

17.2. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17.3. These Terms and Conditions are governed by the laws of the State of Queensland, Australia, and each party submits to the non-exclusive jurisdictions of the courts of the State of Queensland.

17.4. To the full extent permitted at law, CameraPro is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.

17.5. A failure by CameraPro to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect CameraPro’s right to subsequently enforce that provision.