Terms of Service
Content Use Agreement
Thank you for shopping at Joni Girvan Photography + Design. This agreement governs the terms by which clients of Joni Girvan obtain the right to use the physical and digital content of Joni Girvan through the website at http://www.jonigirvanphotography.com, shop.jonigirvanphotography.com and www.jonigirvanphotography.pixieset.com (the “site”). In the event of any inconsistency between this Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.
Terms of Sale
Digital products and print offerings are for personal use only and may not be duplicated and sold. By placing an order on the site, you accept the Terms of Sale described below and you agree to the total amount of the sale, and authorized Joni Girvan Photography + Design to collect payment via the payment method the customer specified. Joni Girvan Photography + Design attempts to be as accurate as possible in our content and pricing. However, we cannot guarantee that the product descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Joni Girvan Photography + Design has the right to refuse or cancel any orders placed for products listed at the incorrect price.
Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. Joni Girvan Photography + Design reserves the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.
Please read through these policies carefully. Joni Girvan Photography + Design reserves the right to make changes to this site and these terms and conditions at any time; please check back for updates. By placing an order at jonigirvanphotography.com and jonigirvanphotography.pixieset.com, a customer has agreed to the terms and conditions of the sale as indicated on the site.
(a) By downloading products from this site, you accept and agree to be bound by its provisions. If you do not accept or agree with these terms, do not download the content.
(b) In this agreement: (i) "you" or the "Client" means you (the person downloading the content, (ii) “Joni Girvan” or "we" means Joni Girvan, operator of the Site; and (iii) "Content) means any photographic image or any digital media or other material that you are downloading from this site.
Permitted Uses
You may use the products for personal use only. You may not use the products for resale or any other distribution. Any use of the content that is not a permitted use is considered an infringement of copyright.
Shipping Policy
Joni Girvan Photography + Design is not responsible for lost or stolen packages once they have been delivered. A confirmation email from the shipping carrier used in each transaction will be sent to the purchaser.
Return Policy
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Joni Girvan Photography + Design on the site are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 14 day return for replacement period. Unless otherwise noted, all returns for replacement must follow the conditions below:
All products must be returned in complete condition.
Joni Girvan Photography + Design will not accept items that have been intentionally physically damaged or abused.
All returns must be shipped prepaid.
All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all cases.
Please allow 2-3 weeks for all replacement orders.
Copyrights and Trademarks
All materials appearing on the site are the property of Joni Girvan Photography + Design. Materials protected by this copyright include, any and all images and any and all text, including logos and other graphics, and all design elements included on the website. You may use the content jonigirvanphotography.com and jonigirvanphotography.pixieset.com for browsing, shopping, placing an order, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on the site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not limited to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Joni Girvan.
Cookies & Privacy
We employ the use of cookies. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies. By accessing the site, you agreed to use cookies in agreement with Joni Girvan Photography’s Privacy Policy. Please read our Privacy Policy.
Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up-to-date.
Limitation of Liability
Joni Girvan Photography + Design expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Joni Girvan Photography + Design arising from any product sold on this website shall be the price of the product ordered. In no event shall Joni Girvan Photography + Design, its officers, or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Joni Girvan Photography + Design, its officers, or other representatives shall not be liable for damages arising from the operation, content or use of the site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
Indemnification
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
Law and Jurisdiction
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Washington, United States.