TERMS OF SALE
TERMS APPLICABLE TO SALES OF PRODUCTS (“TERMS OF SALE”)
Jaime Cody Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with the photography studio’s vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products through the photography studios 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 Jaime Cody Photography’s online store, you are required to provide valid Payment Information as required by the online store. Jaime Cody 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 photography studio’s request. You agree to reimburse the photography studio for any and all costs incurred in collecting amounts owed by you to the photography studio or a photography studio 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 photography studio 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 Jaime Cody Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, the photography studio 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 the photography studio’s receipt of your valid Payment Information or through an email to the address you provided. Please check your spam box and filters. Downloads are only available once. Please save the file to your computer or device after downloading. Please contact firstname.lastname@example.org with any concerns.
If you purchase Photo prints, Canvases, Albums or other physical medium Products, the photography studio will use its commercially reasonable efforts (and the photography studio’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. Jaime Cody Photography is not responsible for any delays in shipping.
Jaime Cody Photography or Jaime Cody 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, the photography studio will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
3. Return Policy
Jaime Cody Photography guarantees your satisfaction with any Products that you purchase through Jaime Cody Photography’s online store. Because of the nature of the custom order, all sales are final and non-returnable unless your order is physically defective in some manner. Please contact us within fifteen (15) days of receipt to make a claim. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact Jaime Cody Photography at email@example.com. Please do not contact your credit card company to dispute a charge before contacting Jaime Cody Photography.
4. Product Availability and Pricing
Jaime Cody Photography or Jaime Cody 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.
5. Product Descriptions, Pricing & Errors
Jaime Cody 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.
The photography studio or the photography studio’s Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by the photography studio is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within fifteen (15) days of receipt.
In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Jaime Cody 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.
6. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN FIFTEEN (15) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND JAIME CODY PHOTOGRAPHY’S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE PHOTOGRAPHY STUDIO 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.
7. DIGITAL IMAGE LICENSING
Photo Downloads may be included as part of the initial service contract or purchased from Jaime Cody Photography’s online store. Jaime Cody Photography grants buyer a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of ‘The Media’. Title and ownership, and all rights now and in the future, of and for ‘The Media’ remain exclusively with the photography studio. There are no warranties, express or implied. ‘The Media’ are provided ‘as is.’
Neither Jaime Cody Photography nor Jaime Cody Photography’s vendors will be liable for any third-party claims or incidental, consequential or other damages arising out of this license or buyer’s use of ‘The Media’.
What you can do:
Personal, Non-Commercial use of ‘The Media’ includes:
- Display on personal websites (Facebook, Instagram, LinkedIn, etc.) and computers.
- Making image prints for personal use.
What you may not do:
- Resell, relicense, sub-license, redistribute without express written permission from the photography studio.
- Use ‘The Media’ in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. Use ‘‘The Media’’ in advertising.
- Use ‘The Media’ in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
- Incorporate ‘The Media’ into trademarks, logos, or service marks.
- Make available for download.
- Business, school, non-profit, & event Facebook pages ARE NOT personal pages and require a commercial license.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be filed only in the state of federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
JAIME CODY PHOTOGRAPHY RETAINS ALL RIGHTS, LICENSE, COPYRIGHT, TITLE AND OWNERSHIP OF ‘THE MEDIA’.
Revision date: March 18, 2018