TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")
Matt + Michelle Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with the Matt + Michelle Photography's vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products through the Matt + Michelle Photography’s online store, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and the photography studio's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
1. Pricing; Payment Terms
In order to purchase Products through the Matt + Michelle Photography's online store, you are required to provide valid Payment Information as required by the online store. Matt + Michelle Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon the Matt + Michelle Photography's request. You agree to reimburse Matt + Michelle Photography for any and all costs incurred in collecting amounts owed by you to Matt + Michelle Photography or Matt + Michelle Photography’s vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that the Matt + Michelle Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Matt + Michelle Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Matt + Michelle Photography may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
2. Photo Downloads; Shipping Terms and Policies
If you purchase Photo Download or it was included in your contract, such download will be made available to you through the Services upon Matt + Michelle Photography's receipt of your valid Payment Information.
If you purchase Photo prints, Canvases, Albums or other physical medium Products, Matt + Michelle Photography will use its commercially reasonable efforts (and Matt + Michelle Photography 's Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Matt + Michelle Photography is not responsible for any delays in shipping. Matt + Michelle Photography or Matt + Michelle Photography’s Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Matt + Michelle Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
3. Data Backups
If digital files are a part of the purchase, your purchase of the original files releases Matt + Michelle Photography, LLC from any liability due to loss or damage of the images, and also releases from any obligation to maintain copies of any digital file, image, or photograph. Therefore, the CLIENT is solely responsible for making a backup of all photos from the digital download/USB/CD/DVD.
4. Return Policy
Matt + Michelle Photography guarantees your satisfaction with any Products that you purchase through Matt + Michelle Photography’s online store. If you are unsatisfied with any Photos, Prints, Canvases, Albums and/or other Products you have purchased through the photography studio, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. Due to the nature of digital photography, a Product that is not in a physical medium form (i.e., a Photo download), once sent, cannot be returned; there is a no refund policy on all digital image files purchased. Once a transaction has been completed, it is considered to be non-refundable. To request a refund or replacement for any Product, please contact Matt + Michelle Photography at email@example.com. Please do not contact your credit card company to dispute a charge before contacting Matt + Michelle Photography.
5. Product Availability and Pricing
Matt + Michelle Photography or Matt + Michelle Photography's Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.
6. Product Descriptions; Pricing; Errors
Matt + Michelle Photography strives to maintain accurate information in the online store and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other photography studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Matt + Michelle Photography or their Vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Matt + Michelle Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Matt + Michelle Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
7. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND MATT + MICHELLE PHOTOGRAPHY'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND MATT + MICHELLE PHOTOGRAPHY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.