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 Craig Schwartz Photography’s designated photo lab. 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 Craig Schwartz Photography must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of a 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.

Craig Schwartz Photography facilitates purchasing of Products manufactured through its relationship with its third-party vendors. Purchasing of these Products will constitute your personal acknowledgment that the manufacturing, printing, etc., of these any of the available Media and/or physical medium Products is performed by said vendors and that Craig Schwartz 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 Craig Schwartz Photography’s online store requires that the customer provide valid Payment Information as required by the online store. Craig Schwartz 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 Craig Schwartz Photography’s written request.

The TERMS OF SALE require the customer to agree to financially reimburse Craig Schwartz Photography for all costs incurred during the collection of amounts owed by the customer to either Craig Schwartz Photography or a 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 Craig Schwartz 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 the 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). Craig Schwartz Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, Craig Schwartz Photography may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall then be 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 digital download of Media and/or Product(s) is included under purchase agreement or contract, the download will be made available through Craig Schwartz 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. Craig Schwartz Photography is not required to keep files past 90 days.

If any physical Media and/or Product(s) are purchased, Craig Schwartz 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 and chosen by the customer presented at order checkout. The customer will not hold Craig Schwartz Photography reliable for any delays in shipping.

Craig Schwartz 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, Craig Schwartz 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 POLICY

Products are provided "as is" with no warranties. Craig Schwartz Photography wants the customer’s 100% satisfaction with any Product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical Product(s) purchased through Craig Schwartz Photography’s online store, Craig Schwartz Photography will contact the online store on your behalf to attempt to fix the problem. The ability to return Product(s) is to be determined by Craig Schwartz Photography’s online vendor. Craig Schwartz Photography will not be held liable for paying for unwanted goods.

If, for any reason, the customer is dissatisfied with digital Media Product(s) (i.e., photo download, etc.), Craig Schwartz Photography must be given the opportunity to fix the problem.  If it is an editing issue, and at the sole discretion of Craig Schwartz Photography based on the circumstances, Craig Schwartz Photography may attempt to fix the edit a maximum of three times before they are no longer liable to continue to fix the problem.

 

PRODUCT AVAILABILITY AND PRICING

Craig Schwartz 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 placed, in which case Craig Schwartz 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

Craig Schwartz 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, Craig Schwartz Photography encourages the customer to report such issues to Craig Schwartz Photograph.

Craig Schwartz 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 Craig Schwartz Photography cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

Craig Schwartz 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 on the day of receipt.

In the event of any error, Craig Schwartz Photography 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

 

DIGITAL IMAGE LICENSING

Digital Media and/or Product(s) may be available for purchase through the online store or through a contract with Craig Schwartz Photography. Craig Schwartz 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), 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 Craig Schwartz 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 Craig Schwartz Photography 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 Craig Schwartz Photography and the customer. Please contact Craig Schwartz Photography 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 without holding Craig Schwartz Photography liable for quality if done outside of Craig Schwartz Photography’s online store.

 

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 Craig Schwartz 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 Craig Schwartz 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.

 

CRAIG SCHWARTZ PHOTOGRAPHY RETAINS ALL RIGHTS, LICENSE, COPYRIGHT, TITLE, DESCRIPTIONS, AND OWNERSHIP OF THE MEDIA CONTAINED WITHIN THESE PRODUCT(S).

© CRAIG SCHWARTZ PHOTOGRAPHY