Terms Of Sale
Terms of Sale
Last revised May 25, 2012
1) ACCEPTANCE OF TERMS
Your purchase of Committed Photography Inc.’s (“Committed Photography”, “our”, “we” or “us”) products and services is subject to this Terms of Sale. By clicking the "I ACCEPT" button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms.
2) CONTENT OF YOUR PURCHASE
The primary value of the Website is the ability for users and potential purchasers ("Users") to order photo prints on paper or canvas (“Prints”) of any content they choose that is offered on the Website. This is done by means of computer interaction alone between the Users and the Website.
As such, you agree that no Committed Photography’s employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the Prints ordered by Users, neither while on the website, nor after purchase and during the production process.
You agree that the Prints that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the tool on the Website. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Realm of Control" refers to any part of the Print that is editable by the User, including but not limited to, color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
You also agree that the content of your Prints does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
No Cancellation. Once you submit an order online, it cannot be cancelled.
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping fees and applicable sales tax, and are subject to change without notice at our sole discretion.
We reserve the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in our discretion, including, without limitation, if we believes that the User’s conduct violates applicable law or is harmful to the interests of Committed Photography or any Third Parties.
3) ORDERS ARE SUBJECT TO OUR APPROVAL
We strive to ensure that adequate security measures are in place to protect against loss, theft and unauthorized access, disclosure, use or modification of your information. All orders for Merchandise placed through this Website are subject to our approval. We have the right, in our sole discretion, to hold your order for a security review or to decline your order. In no event shall we be liable for any loss arising out of lost, stolen or otherwise misdirected Merchandise, or for orders placed without proper authorization.
You agree that you have read our Website and/or researched independently and that you know what each of the materials sold on the Website is and what you are buying. We only guarantees that you will receive the materials advertised on the Website that you purchase. You agree that we are not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Website.
You agree that all products produced and sold by us are for novelty purposes only. We do not make any claims about the legal compliance or registration of any of the products sold by us or by our affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the legality around using any of the products purchased on the Website.
5) UPLOADED IMAGES
We permit Photographers to upload qualified images onto our Website. You agree that we are not responsible for the quality of the images the Photographers upload. Due diligence is performed to ensure only quality images in excess of 8 megapixels are accepted. This is to provide a professional looking print from a comfortable viewing distance.
You agree that you alone are responsible for making sure that the quality of the uploaded image is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that we are not responsible for ensuring quality images for any image file format available on the Website.
6) COMMITTED PHOTOGRAPHY’S REWARDS PROGRAM
Description. The Committed Photography’s rewards program (“CP Rewards”) is a program offered by Committed Photography that allows you to accumulate a dollar value (“CP Dollar”) and redeem them toward your purchase of Committed Photography’s products.
Duration of CP Rewards. Committed Photography can, at its discretion, terminate the CP Rewards program at any time, subject to ten (10) days' notice. You have until the day CP Rewards is terminated to redeem your accumulated CP Dollars. The CP Dollars become null and void on the day CP Rewards is terminated and cannot be redeemed after that day. Committed Photography can also, at its discretion and without notice, restrict, suspend, modify or otherwise amend CP Rewards in whole or in part. All modifications will be posted on our website. The CP Dollars are valid for a period of two (2) years starting the day they become available, unless Committed Photography has terminated CP Rewards before the end of this period, you have terminated your participation in the program, or your participation has been terminated by Committed Photography for whatever reason.
Redemption of CP Dollars. You can redeem your CP Dollar(s) during your purchase of Committed Photography Products. Each CP Dollar corresponds to one (1) dollar applicable to the regular price in effect at the time of the CP Dollar redemption, not including applicable taxes and delivery charges. Your CP Dollar(s) cannot be used to redeem or deduct any applicable taxes and delivery charges. The CP Dollar(s) has no monetary value and cannot be exchanged for cash. The CP Dollars can only be used in accordance with the present terms and conditions and you cannot sell, buy, give, transfer or otherwise dispose of your CP Dollars without Committed Photography’s prior written consent.
Limitation of liability. You agree that Committed Photography will not be liable for any tax consequences that may arise from your participation in the CP Rewards. You are responsible to declare any tax benefits.
Consent. By participating in CP Rewards, you agree to comply with this Terms of Sale. You further confirm that you are of the age of majority in your province or state of residence.
7) CHANGES TO YOUR ORDER
We provide many opportunities to review, revise and cancel the order process before actually placing your order. We are able to offer our products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that we are not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. Our employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
Unless stated otherwise in the terms of purchase for specific Merchandise, all sales are final and no returns, exchange, credits or refunds will be given.
If a purchase appears to be damaged from shipping, you need to refuse accepting the delivery and then contact us. If you noticed any manufacturing defects after you accepted your purchase then you should contact us at our toll free number 1-888-909-9017. You will need to provide us the pictures of the damages in order for us to better resolve the issue.
Merchandise will be shipped from Toronto, Ontario, Canada using Canada Post where Users can chose from a variety of shipping priorities. Even though the order form may include a field for post office (P.O.) box, Merchandise will not be shipped to a P.O. box address for security reasons. The risk of loss and title for the Merchandise passes to you upon our delivery of your Merchandise to the carrier.
10) SHIPPING CHARGES
Each Merchandise order is subject to shipping charges which are automatically calculated based on the location of where the Merchandise will be shipped. You will be able to view the shipping charges for your order before your transaction is processed.
11) NO WARRANTY
We make no warranties, express or implied, with respect to our Merchandise including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.
12) LIMITATION OF LIABILITY
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product. In the event that your Merchandise is damaged, your sole remedy is a replacement of the Merchandise.
13) OTHER TERMS
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms, including the Online Terms of Purchase. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by us regarding the use of the Website or the use or purchase of the Merchandise.
14) ENGLISH LANGUAGE
The parties have requested that these Terms and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.