Terms Of Service Agreement photography sales agreement/terms
The following is the terms/conditions of the agreement between Laura Strain Fine Art Photography, and the buyer (“Buyer”) of goods or services through Laura Strain Fine Art Photography (the “Company”). Please review these terms and conditions carefully and ensure agreement prior to making a purchase: Introduction. Buyer agrees to the terms and conditions outlined in this Online and(or) Written Contract (“Contract”) with respect to goods, services and information provided by the Company. This contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Company, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honoured by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by the Buyer at the amounts in effect at the time incurred, including all applicable taxes, shipping and handling. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Company are protected under applicable copyrights, trademarks, and other proprietary ( including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a Buyer of any such content or any part of the Company is prohibited. Copyright© 2018 Laura Strain Fine Art Photography. All rights reserved®. Editing, Deleting, and Modification. The Company reserves the right in its sole discretion to refuse service. Sales of any goods or services is subject to availability. Indemnification. Buyer agrees to indemnify, defend and hold the Company and its affiliates, licencors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site. Non-Transferable. Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or Buyer’s credit card company. Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDE “AS-IS,” “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABIILTY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THE COMPANY AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATES/PROVINCES STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. Refund / Return Policy. This Section sets forth Buyer’s sole and exclusive right to return, refund or exchange. Custom-made products are non-refundable and non exchangeable. A custom order is made to specifications provided by customer. All sales are final. The customer is responsible for providing accurate specifications. Shipping and handling fees are not refundable. Delivery Policy. Please allow up to a minimum of 4-6 weeks from date of order confirmation to receive products (unless otherwise specified). Custom made products are usually delivered within 4-6 weeks if made in Canada. Exported (international) products may incur a longer time frame for delivery – usually 6-8 weeks. Copyright Protection Notice. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Company are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Company is prohibited.