Terms of Service
TERMS OF SALE
Thank you for shopping at Holden Photography. By placing an order on my website, you accept the Terms of Sale set forth below. Please read through our terms thoroughly. These items may be updated at any time; please check back for updates. The website resides at https://www.holdenphotography.ca/
COPYRIGHTS AND TRADEMARKS
All materials appearing on holdenphotography.ca are the property of Holden Photography. Materials protected by this copyright include any and all images and any and all text (including logos and other graphics), and any and all design elements of the website. You may use the content holdenphotography.ca for shopping, placing an order on this site, 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 holdenphotography.ca may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of holdenphotography.ca.
The “Holden Photography” logo are trademarks of Holden Photography, as are all custom graphics, icons, and logos found on holdenphotography.ca.
DISCLAIMER AND LIMITATION OF LIABILITY
Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by Holden Photography are non-refundable. Replacement items for damage in shipping or misidentified images will be honoured within a 14-day return policy. Holden Photography makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Holden Photography 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 Holden Photography arising from any product sold on this website shall be the price of the product ordered. In no event shall Holden Photography, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Holden Photography, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of holdenphotography.ca.
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. Typographical and Photographical Errors: Holden Photography attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions/specifications, pricing or any other content on holdenphotography.ca is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, Holden Photography shall have the right, at our sole discretion, to either honour the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
ORDER ACCEPTANCE POLICY
Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. Holden Photography 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.
RETURN POLICY
Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by Holden Photography on holdenphotography.ca are non-refundable. Replacement items for damage in shipping or misidentified images will be honoured within a 14-day return period for replacement. Unless otherwise noted, all returns for replacement must follow the conditions below:
· All products must be returned complete.
· Holden Photography will not accept items that have been intentionally physically damaged or abused.
· All returns must be shipped freight 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.
· Claims for missing products must be reported within 10 days from the date the item is shipped
SHIPPING POLICY
Holden Photography is not responsible for lost or stolen packages once they have been delivered. Your order goes to a printing lab, once your order has been received by the lab they will process and then ship it directly to you. You will receive confirmation once your order has been dispatched.
SALES POLICY AGREEMENT
By placing an order at holdenphotography.ca, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order at holdenphotography.ca, a customer has agreed to the total amount of the sale and authorized Holden Photography to collect payment via the payment method the customer specified. Holden Photography reserves the right to make changes to this site and these terms and conditions at any time. ** NOTE: Holden Photography 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, Holden Photography shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. Thank you.
PRIVACY & SECURITY
Holden Photography does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.
YOUR PERSONAL INFORMATION
When you place an order on our site, you provide us with your name, email address, credit card information, address, and phone number. We use this information to process your order. The financial information (credit card number, expiration date, billing address, etc.) that we collect from you is used for billing purposes only.
In order to serve you best, transactions are handled by a reputable third-party payment method (PayPal). Once the payment has been authorized, we begin processing your order.
We also work with third parties that perform various vital functions on our behalf, i.e. printing labs. Such functions include shipping and delivering packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on our behalf. They are also under strict obligation to keep your personal information private.
Holden Photography may occasionally notify you via email about important functionality changes to our website. At the bottom of every such email are directions on how to take your email address off our list.
CONSENT
By using our website, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our privacy policy, we will post those changes on this page. Holden Photography will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful to the proper authorities. Other sites accessible through Holden Photography have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Holden Photography is not responsible for the actions of third parties. In Closing, if you have any questions about this privacy statement, Holden Photography’s practices, or your business with Holden Photography, please reach out to andrew@holdenphotography.ca. Please check back occasionally for any updates or changes to our privacy policy.
LICENSE
All images are the property of Holden Photography and are copyrighted by law. None of them can be copied, used or published for commercial purposes without Holden Photography’s clear permission to do so.
Digital Image for Personal Use
What you can do:
Andrew Holden and Holden Photography grant the buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image, subject to the following restrictions:
• This license is for personal use only. Personal use means non-commercial use of the image(s) for display on personal websites and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising. The image(s) may not be resold, relicensed, or sublicensed.
• Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with Andrew Holden and Holden Photography.
• There are no warranties, express or implied. The image(s) are provided 'as is.'
• Andrew Holden and Holden Photography shall not be liable for any third-party claims or incidental, consequential or other damages arising out of this license or the buyer's use of the image(s).
What you may not do:
Buyer may not resell, relicense, or redistribute without express written permission from Andrew Holden or Holden Photography. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Image may not be made available for download.
Andrew Holden and Holden Photography retain all rights, license, copyright, title and ownership of the image(s).
There is no warranty, express or implied, with the purchase of this digital image file. Andrew Holden and Holden Photography shall not be held liable for any claims, or incidental, consequential or other damages arising out of this license or the buyer's use of the image(s).