Please read the following Terms and Conditions carefully before making a purchase of any fine arts photography items. By placing an order, you acknowledge and agree to be bound by these terms. These Terms and Conditions constitute a legally binding agreement between you (the "Buyer") and Emile Browne (the "Seller").
1. Copyright and Ownership:
All fine arts photography items sold by the Seller are protected by copyright laws and other intellectual property rights. The Buyer acknowledges that the purchased item is for personal use only and agrees not to reproduce, distribute, display, or create derivative works from the item without prior written consent from the Seller. The Seller retains full copyright ownership of the artwork.
2. Purchase and Payment:
a. The Buyer may place an order for the fine arts photography items available for sale on the Seller's website or other authorized platforms. By placing an order, the Buyer agrees to pay the specified purchase price plus any applicable taxes and shipping fees.
b. Payment must be made in full at the time of purchase. The Seller accepts various payment methods, as specified on the website or authorized platforms.
a. The Seller will make reasonable efforts to ship the purchased item within a reasonable timeframe after receiving payment.
b. The Buyer is responsible for providing accurate shipping information. The Seller will not be held liable for any delays, losses, or damages arising from incorrect shipping details provided by the Buyer.
c. Shipping costs, including any customs duties or import taxes, are the responsibility of the Buyer unless otherwise specified.
d. Shipping is free for all orders within the United States. Shipping to other countries will be calculated at checkout.
4. Returns and Refunds:
a. Due to the nature of fine arts photography items, all sales are final. The Seller does not accept returns or offer refunds, except in cases of damaged or defective items.
b. In the event of a damaged or defective item, the Buyer must contact the Seller within seven (7) days of receiving the item, providing detailed information and supporting evidence (e.g., photographs). The Seller will review the claim and, if deemed valid, arrange for a replacement item to be shipped to the Buyer at no additional cost.
c. The Seller reserves the right to request the return of the damaged or defective item before issuing a replacement.
d. The photographer is not responsible for any damage that occurs during shipping. If your order arrives damaged, please contact the shipping carrier to file a claim.
5. Disclaimer of Warranty:
a. The Seller strives to ensure the accuracy and quality of the fine arts photography items, descriptions, and images. However, the Seller does not warrant that the purchased item will meet the Buyer's specific requirements or expectations.
b. The Seller disclaims all warranties, expressed or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Limitation of Liability:
a. The Seller shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the purchase, use, or inability to use the fine arts photography items, even if the Seller has been advised of the possibility of such damages.
b. The Buyer agrees to indemnify and hold the Seller harmless from any claims, damages, losses, or expenses arising out of the Buyer's violation of these Terms and Conditions or any applicable laws or regulations.
7. Governing Law and Jurisdiction:
a. These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Texas.
b. Any disputes arising from the sale of fine art photography will be resolved through binding arbitration. The arbitrator will be a retired judge or other experienced professional who will be selected by the parties. The arbitration will be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding on the parties.
The Seller reserves the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the Seller's website or authorized platforms.
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be struck from these terms and conditions and the remaining provisions will remain in full force and effect.
10. Entire Agreement
These terms and conditions constitute the entire agreement between the parties with respect to the sale of fine art photography and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
No waiver of any provision of these terms and conditions will be effective unless in writing and signed by both parties.
By making a purchase, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.