TERMS OF SALE
Ordering
You are responsible for supplying all required information when submitting an order, including complete name, shipping and billing address (no P.O. Boxes), telephone number, valid e-mail address, and valid payment method. No responsibility is assumed for mis-delivery due to incorrect information supplied by a customer. Todd Stapleton Photography reserves the right to refuse or cancel any order at any time, in which case the customer’s sole remedy is a refund of any payment(s) made for such order.
Changes
It is not possible to change your order once it has been placed. The only exception is the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, please contact the Todd Stapleton Photography customer service via email at service@toddstapletonphotography.com.
Payment
Payment for any order must be made in advance at the time the order is placed. You may pay for your order by credit card, or such other means as we may in future choose to accept. In the event of a stopped payment, disapproved charge or other failure to submit pre-payment, Todd Stapleton Photography shall have the right to cancel the order or, if already shipped, to seek payment and hold customer responsible for any and all costs of collection, including but not limited to reasonable attorneys’ fees, as well as to charge interest at the rate of 1.5% per month (or the highest allowable rate by law if less than 1.5% per month) until payment is made.
Color Matching
You acknowledge and understand that (a) colors as seen on a computer monitor may not look the same as the colors as they appear on our manufactured product, and (b) no guarantee is made that any image as seen online will necessarily match exactly the colors on the final product.
Personal Data
All information submitted by you in connection with any order is governed by our Privacy Policy.
Sales Tax
You, our Client, are solely responsible for any state, local, or federal sales, use, VAT, excise, import fees, or other taxes. Generally, when Seller is required to collect such taxes from buyers, we will include such amounts in the Order. If for some reason such taxes are not included in the Order, and Seller is later required to pay them to any taxing authority, we will look to the Client for prompt reimbursement.
Delivery
Delivery time depends on the shipping option you choose when ordering. Please allow no more than 6-8 weeks for your Limited Edition purchases to be shipped, plus the shipping time based on the shipping option you selected. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. If your print arrives damaged or broken, please contact us! We will happily replace it, but we’ll need a picture of the damage. Email us at service@toddstapletonphotography.com. Requests must be received within 30 days of delivery, and must include a copy of the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping. If we approve your request for a replacement, we will not charge you for the new print, but you will be responsible for the costs of returning the damaged print to us, plus the cost of shipping the new print to you.
Shipping Problems/Damage
Notification of all shipping defects or damage must be made within 30 days of delivery and accompanied by the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping.
Cancellations
Cancellation Policy
All works in the Todd Stapleton Photography are custom orders. Production of the purchased work(s) begins immediately after purchase, and shipment will occur as soon as possible after production is complete. As a result, the work(s) cannot be cancelled, returned or refunded at any time. In light of the substantial production costs incurred once production has begun, any request to cancel an order or otherwise modify the produced image (e.g., increasing or reducing size, changing image, etc.) will be eligible to a 50% restocking fee. Due to our shipping and production timeline, produced & shipped work(s) are non-cancellable, non-returnable, non-exchangeable and non-refundable.
Returns
Return Policy
Limited Edition and Open Edition Fine Art Prints (all formats, mediums and/or substrates)
Todd Stapleton Photography Fine Art Limited Editions and Open Editions are custom-made and as such, we are unable to offer returns or exchanges.
Each Todd Stapleton Photography Fine Art Edition is custom produced to order. As such, we are unable to change your artwork once order is placed.
Exclusion from Returns
If your use of our site or services has been terminated for violation of these Terms of Sale or our Terms of Use, we may refuse to accept any returns from you.
Gift Certificates
Todd Stapleton Photography offers a variety of Gift Certificates. Todd Stapleton Photography Gift Certificates may only be used for making purchases at toddstapletonphotography.com. Acceptance of a Todd Stapleton Photography Gift Certificate constitutes acceptance of these terms and conditions.
General Terms
Todd Stapleton Photography Gift Certificates are distributed by Todd Stapleton Photography, an Arizona company. By visiting http://www.toddstapletonphotography.com you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Todd Stapleton Photography Gift Certificates terms and conditions ("Ts & Cs"). Todd Stapleton Photography reserves the right to change these Ts & Cs from time to time in its discretion.
Proof Of Purchase Confirmation
You will receive a confirmation email at the time of the completion of Todd Stapleton Photography Gift Certificate purchase. This confirmation email shall act as the proof of purchase of the Todd Stapleton Photography Gift Certificate. Purchaser is solely responsible for the retention of this confirmation email until the Todd Stapleton Photography Gift Certificate is redeemed. If, for any reason, you do not receive a confirmation email at the time of purchase, please email our service team at service@toddstapletonphotography.com immediately.
Todd Stapleton Photography Certificates Redemption
Todd Stapleton Photography Gift Certificates are redeemable only for the purchase of Limited Edition or Open Edition fine art at toddstapletonphotography.com. Todd Stapleton Photography Gift Certificates are also redeemable at any Todd Stapleton Photography public appearance (such as trade shows, arts & crafts shows, etc.) where written notification of gift certificate acceptance is posted.
Returns
You may not return or cancel your Todd Stapleton Photography Gift Certificate after 30 days from date of purchase.
Lost or Stolen Gift Certificates
If you suspect that someone has copied or stolen your Todd Stapleton Photography Gift Certificate or if your Todd Stapleton Photography Gift Certificate has been lost, contact our service team at service@toddstapletonphotography.com immediately. Todd Stapleton Photography Gift Certificates will not be replaced if lost or stolen without the purchaser's confirmation email as proof of purchase. Todd Stapleton Photography Gift Certificates have cash value (as defined in these Ts & Cs) and should be safeguarded accordingly.
Limitations
You may not use a Todd Stapleton Photography Gift Certificate to purchase other Gift Certificates.
Gift Certificates cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused eGift Cards may not be transferred.
No unused portion of Todd Stapleton Photography Gift Certificates may be redeemed for cash, except to the extent required by law. Any unused portion of Todd Stapleton Photography Gift Certificates after a purchase may only be applied towards additional purchases from toddstapletonphotography.com.
Cash Value
Todd Stapleton Photography Gift Certificates have cash value solely for the purchase of Limited Edition or Open Edition fine art prints at toddstapletonphotography.com. Todd Stapleton Photography Gift Certificates are also redeemable at any Todd Stapleton Photography public appearance (such as trade shows, arts & crafts shows, etc.) where written notification of gift certificate acceptance is posted.
Risk of Loss
Ownership and risk of loss of Todd Stapleton Photography Gift Certificates passes to the purchaser as soon as we send our confirmation to the recipient. We are not responsible for lost or stolen Todd Stapleton Photography Gift Certificates. If you have any questions, please see the FAQs.
Todd Stapleton Photography Customer Service
If you need assistance with any aspect of your purchase, ownership, or use of your Todd Stapleton Photography Gift Certificate, please contact our service team at service@toddstapletonphotography.com. Please refer to your order number or be ready to supply your email address.
Delivery Information and Requirements for Todd Stapleton Photography Gift Certificate Purchasers
All orders of Todd Stapleton Photography Gift Certificates are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Todd Stapleton Photography Gift Certificate order may be delayed until it can be corrected.
We are not responsible for Gift Certificates that are undeliverable or not received due to your failure to enter an accurate email address and/or physical mailing address for the recipient. Please check to make sure the email address and/or physical mailing address of the recipient is correct and contact our service team at service@toddstapletonphotography.com if you suspect the recipient did not receive his/her eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
Reasons for Failed Delivery
If you have confirmed the recipient's email address but the Gift Certificate has not been received within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
· Spam filter blocked email or routed it to a bulk/spam folder
· Recipient's firewall blocked the email
· Email inbox is over size limit
· If a spam filter is blocking emails from getting to an inbox, the email options will need to be modified so that emails are not considered spam.
Limitation of Liability
TODD STAPLETON PHOTOGRAPHY AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO TODD STAPLETON PHOTOGRAPHY GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF UNREDEEMED TODD STAPLETON PHOTOGRAPHY GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Pre-Sale
By purchasing a pre-sale product (the "Product"), you are entering a binding agreement with Todd Stapleton Photography, an Arizona company ("Company", "we", "us", "our"). Please read these Pre-Sale Terms and Conditions ("Terms") carefully before making a purchase. If you do not agree to these Terms, you should not proceed with your purchase.
Pre-Sale Product
The Product is currently under development and is not yet available for delivery. The estimated shipping date is purely indicative and can be subject to changes.
Price and Payment
You agree to pay the price for the Product as stated at the time of your order.
No Refunds
All sales are final. Given the nature of the Product as a pre-sale item, we do not offer any refunds after a purchase has been made.
Cancellation Policy
You may cancel your order at any time prior to the shipping of the Product. However, instead of a refund, you will be provided a credit to your account with us, which may be applied to future purchases.
Delivery
We will make reasonable efforts to deliver the Product as soon as it is available. However, delivery dates are not guaranteed and may be subject to delays for reasons which include, but are not limited to, manufacturing issues, shipping delays, and force majeure events.
Limitation of Liability
To the maximum extent permitted by law, our liability for any claim arising out of or in connection with your purchase of the Product shall be limited to the amount paid by you for the Product.
Changes to Terms
We reserve the right to change these Terms at any time without notice. Any changes will be effective immediately upon posting on our website, and you are deemed to have accepted such changes by your continued use of the Product or our services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Arizona, and any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Arizona.
Contact
If you have any questions or concerns about these terms, please contact us at service@toddstapletonphotography.com
Acceptance of Artwork
As fine art can be fragile, you must inspect the Artwork immediately upon receipt. If the Artwork is damaged or does not otherwise conform with the Order, Client must provide Seller with written notification no later than seven (7) days after receipt of the Artwork. Otherwise, the Artwork is deemed to be accepted.
Copyright and Reproduction
All copyright rights, including, without limitation, all reproduction and trade dress rights (collectively, the “Copyright”), to the Artwork are expressly reserved by Seller and Artist. This Agreement does not include a sale or license of the Copyright to Client. Client will not reproduce or copy the Artwork without advance written permission. Artist’s signature and/or the copyright notice as they appear on or about the Artwork at the time of sale must not be removed or concealed. Artist shall receive authorship credit in connection with the Artwork at all times.
General
All orders and transactions also are subject to the toddstapletonphotography.com Terms of Use policy, including, but not limited to, the limitations on damages and exclusions of warranties set forth therein. The Terms of Use also include provisions for arbitration of disputes and other important terms you should review. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. No responsibility is assumed for any errors in listed prices or other information, all of which we reserve the right to correct. Orders are not final or binding until accepted by us. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Todd Stapleton Photography is not responsible for any delay or failure in delivery due to causes beyond its control, including, but not limited to, acts of god, war, terrorism, embargo, quarantine, accidents, fire, explosion, flood, severe weather, epidemic, riots, civil disturbance, unavailability of labor or transportation or any other similar or dissimilar cause. You are responsible for the proper and safe handling of any prints or other products you order from us. To the extent allowed by law, Todd Stapleton Photography’s liability for any claim relating to any product purchased from us is the amount you paid for the product.
These terms and conditions described above are put into place to ensure the protection of Todd Stapleton Photography and all of the customers to whom we serve. Your satisfaction is our top priority and will do whatever we can to ensure that your experience with us is of the highest quality.
