Terms & Conditions
Last updated: February 12, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Service") operated by David Shedlarz Photography ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Prints: All prints are custom, made to measure, on-demand photographic fine art prints.
Definition of Limited Editions: A photographic fine art print, limited to a maximum run of 50 worldwide across all sizes. The Collections are offered as a series of 3 photographs and each collection will be limited to a maximum run of 50 worldwide across all sizes. Each image in a Collection will also be offered for individual sale holding to the same limited edition rules as stated above. Each limited edition print is inspected, hand signed, marked with edition type and number by David Shedlarz (known as the “artist” henceforth). A secure hologram will be affixed to the print with a unique serial number, provided with its certificate of authenticity, which includes a matching hologram and is registered with Hahnemuehle’s Fine Art Registry database for future traceability and valuation.
Artist’s Proofs: A photographic fine art print, limited to a maximum run of 5 worldwide across all sizes. Each artist’s proof is inspected, hand signed, marked with the edition type and number by the artist. A secure hologram will be affixed to the print with a unique serial number, provided with its certificate of authenticity, which includes a matching hologram and is registered with Hahnemuehle’s Fine Art Registry database for future traceability and valuation.
By purchasing a print, you are confirming that you have selected the appropriate image, size and type of print that is required by you. If you are purchasing a bespoke print, you must confirm in writing the exact dimensions of the image and border as is required by you before your order is accepted by us.
Orders: All orders must be submitted via the website (www.davidshedlarz.com) or via the telephone number listed on the website. You are responsible for ensuring the accuracy of your order details and the artist will not be liable for any failure by you to provide complete and accurate information in your order. Orders that are accepted by us will be confirmed with a receipt and an order reference number.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any los or damage caused to you by the cancellation of an order by us.
Delivery: Standard production and delivery times are 4-6 weeks from the date of receipt of order. Your order will be fulfilled on or before the estimated delivery date set out in the confirmation receipt, unless there is an event beyond our control. If this situation should arise, we will contact you with a revised delivery date. Delivery is considered complete when we deliver the print(s) to the address you gave us upon ordering. Deliveries will require a signature upon receipt. You are responsible for inspecting the external packaging of the prints upon receipt and marking any noticeable damage on the delivery receipt as is required by the courier. If there is significant damage to the external packaging, the item must be rejected by you and returned to the courier. You will be required to contact us within 24 hours of the couriers receipt to report the damage so that we may immediately resolve the situation with the courier. Failure to do this confirms your acceptance of your order in good condition.
Returns: All print orders are for custom, made to measure, on-demand photographic fine art prints. As such, the right to cancellation under the Consumer Protection Regulations does not apply. Any order which has been damaged prior to delivery (see “Delivery” above), and has been reported to us within 24 hours, will be replaced with a duplicate of the print as ordered. If we are not notified as stated above (“Delivery”), we deem that the order has been accepted by you in good condition. Damage caused after accepted delivery will be the responsibility of the customer and any replacements will be provided subject to payment of the current print price on the website.
Customs, Excise Duties & Import Taxes: All prints are produced and shipped from the United States. We are legally bound to provide information to the relevant import and export authorities when shipping prints outside of the US. We will ensure that the value stated is accurate and correct, reflecting the actual material replacement cost of the order. Please note, the payment of any import customs charges, duties and taxes whether local or international, are the responsibility of the customer.
Print Formats: All prints are sold and delivered as “loose photographs” and will arrive rolled in a protective tube or box. Where framing or mounting has been offered, the print (s) will arrive fully assembled in your chosen format in a protective shipping container or package. The customer is responsible for any damage that may occur during framing or mounting of a print.
Payment: You can pay for prints using PayPal online.
Payments for the prints must be made in advance. Upon our sending of your order confirmation via email, this contract is deemed to be in force and all applicable clauses and terms apply. Once delivery of your order has been signed for and accepted, your order is considered complete.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of David Shedlarz Photography and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of David Shedlarz Photography.
At no point do you, or will you, own the copyright of any image purchased from us a print. Prints may not be reproduced, copied, shared electronically or used for any commercial purposes without prior, express permission by the Artist. It is illegal to produce copies of any work which is copyrighted, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by David Shedlarz Photography
David Shedlarz Photography has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that David Shedlarz Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless David Shedlarz Photography and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall David Shedlarz Photography, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
David Shedlarz Photography its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of South Carolina, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.