TERMS OF SALE APPLICABLE TO
MEDIA, PRODUCTS, & SERVICES
("TERMS OF SALE")
All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through JZ Creations Photography’s online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and JZ Creations Photography must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.
JZ Creations Photography facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that JZ Creations Photography’s role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.
PRICING & PAYMENT TERMS
Purchasing of Media, Products, and/or Services through JZ Creations Photography online store requires that the customer provide valid Payment Information as required by the online store. JZ Creations Photography reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon JZ Creations Photography’s written request.
The TERMS OF SALE requires the customer agrees to financially reimburse JZ Creations Photography for all costs incurred during the collecting of amounts owed by the customer to either JZ Creations Photography or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that JZ Creations Photography is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). JZ Creations Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process. JZ Creations Photography is required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.
PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES
If any Media and/or Print Product(s) is included under purchase agreement, or contract, the download will be made available through JZ Creations Photography Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.
If any Media and/or Print Product(s) are purchased, JZ Creations Photography will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable, 14-21 business days for Print Products**. The customer will not hold JZ Creations Photography reliable for any delays in shipping.
JZ Creations Photography and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. 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, JZ Creations Photography will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
RETURN/REFUND POLICY
If your digital images are damaged or lost prior to viewing your gallery for any reason by the photographer, only then will your retainer fee will be refunded in full. No refunds will be given for dissatisfaction with your images. Print products may not be returned for any reason other than damage or error on the part of the photographer at time of delivery. If your product is damaged on the part of the photographer, it will be exchanged and re-ordered for the same product, undamaged. If your product includes error by the photographer, your product will be exchanged and re-ordered for the same product, error free. All shipping and return shipping fees are solely the client's responsibility and may be refunded or partially refunded at the sole discretion of JZ Creations Photography. There are no refunds or exchanges on any digital downloads. The Photographer cannot guarantee a specific number of images provided to the client, and no refund will be given due to lack of subject cooperation.
If for any reason the customer is unsatisfied with Media and/or Print Product(s) (i.e., cd/usb issues, software preset, etc.), then at the customer’s request, JZ Creations Photography may issue a full/partial refund of the purchased price paid by the customer at the sole discretion of JZ Creations Photography based on the circumstances. To request a refund or replacement for any purchased media and/or product, please contact Customer Service at jzcreationsphotos@gmail.com.
PRODUCT AVAILABILITY AND PRICING
JZ Creations Photography and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case JZ Creations Photography will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
PRODUCT DESCRIPTIONS, PRICING & ERRORS
JZ Creations Photography endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, JZ Creations Photography encourages the customer to report such issues to Customer Service at jzcreationsphotos@gmail.com.
JZ Creations Photography does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and JZ Creations Photography cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.
JZ Creations Photography and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping costs and $25.00 Disposal Fee) within thirty (30) days of receipt. All return shipping is solely the customers responsibility and MAY BE refunded solely at the discretion of JZ Creations Photography.
In the event of any error, JZ CreationsPhotography reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
WARRANTIES
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS OF PURCHASE. THIS CONSTITUTES THE EXTENT OF JZ Creations Photography’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER.
DIGITAL IMAGE LICENSING
Digital Media and/or Product(s) may be available for purchase through the online store or through contract with JZ Creations Photography. JZ Creations Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:
- The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to JZ Creations Photography. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
- Under this provision, neither JZ CreationsPhotography and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
- A commercial license may be available upon request, and will require an additional contractual agreement between JZ Creations Photography and the customer. Please contact jzcreationsphotos@gmail.com for more information.
CUSTOMER ALLOWABLE ACTIONS
Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:
- The customer may display Product(s) and Media on personal websites and computers.
- The customer may make images and or prints for personal use.
CUSTOMER BARRED ACTIONS:
Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:
- The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from JZ Creations Photography.
- The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
- The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
- The customer shall not incorporate the Media, Product(s), or JZ Creations Photography brand or logo into any trademarks, logos, or service marks.
- The customer shall not make any purchased Media or Product(s) available for download.
- The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.