Terms of Service & Condition of Sale
Welcome to Photography West! These Terms of Service (“Terms of Service”) govern your use of the website located at https://www.photographywest.com/ (the “Website”), and any other related content, features, materials, applications and/or services (collectively the “Services”) offered by Photography West Incorporated (“Photography West” or “we” or “us”).
BY USING THE WEBSITE AND THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE (AND ANY ADDITIONAL TERMS INCORPORATED HEREIN) AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF PHOTOGRAPHY WEST’S SERVICES.
For purposes of these Terms of Service, “you” and “your” means you as the user of the Website or the Services. If you use the Website or the Services on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
These Terms of Service describe your responsibilities, Photography West’s liability and the liability of third parties related to the Website and the Services. All users of the the Website and the Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Website may be subject to additional terms and conditions specified by us from time to time. Your use of the Website is subject to those additional terms and conditions. If you have any questions regarding these Terms of Service, please contact us via email at info@photographywest.com.
Age Requirement
You may not use the Website if you are under the age of 18. If you are under the age of 18, you may only access the Website under the supervision of a parent or legal guardian and subject to his or her consent to these Terms of Service.
Website Security
You agree not to make any attempt to violate the security of the Website or the Website’s host server(s). You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Photography West in providing the Website. Any violation of system or network security may subject you to civil and/or criminal liability.
Copyright
You acknowledge that the materials on the Website (including the overall design, text and images of artwork) are protected by copyright and other proprietary rights. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to copy, reproduce, publish, transmit, download, distribute, or otherwise use or appropriate these materials (the “Content”) in any way without our prior written consent. You also agree not to embed or frame any of the Content on the Website without our prior written consent. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Any unauthorized use of the materials on the Website will result in an immediate breach of these Terms of Service, as well as other applicable laws. If you believe material on the Website infringes the copyrights of another person, please email us at info@photographywest.com.
Photography West reserves the right to terminate your use of the Website. To ensure that Photography West provides a high quality experience for you and for other users of the Website, you agree that we or its representatives may access and review your use of the Website on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website. Photography West does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Photography West reserves the right to terminate your access to the Website immediately, with or without notice to you, and without liability to you, if Photography West believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Website or the Service by others.
Trademarks
You agree not to use Photography West trademarks and other source-identifying indicia without our prior written consent.
Disclaimers
While we do our best to prevent viruses, worms, and other harmful materials from being distributed through the Website, we do not warrant that materials on the Website will be free of such materials. We will not be held liable for any damage caused by the use of the Website. Users assume all risk when viewing or otherwise accessing the Website. We will make reasonable efforts to keep the Website service available on an ongoing basis. You may experience poor performance or temporary unavailability from time to time based on the need for us to provide maintenance or for other reasons (whether or not beyond our control). We shall not be liable for any poor performance or unavailability of the Website.
PHOTOGRAPHY WEST DISCLAIMS ALL WARRANTIES. THE MATERIAL ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED BY MEANS OF THE WEBSITE) ARE PROVIDED “AS IS” TO THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOGRAPHY WEST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PHOTOGRAPHY WEST DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE AND ANY INFORMATION ON THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND OUR AFFILIATES, EMPLOYEES, OWNERS, AGENTS, AND OTHER REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS COVERED BY THIS LIMITATION TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold harmless us and our affiliates, employees, members, owners, agents, or other representatives from any and all claims, damages, costs, and expenses (including but not limited to attorneys’ fees) arising from or in relation to your use of the Website and/or your breach of any representation, warranty, or other provision of these Terms of Use. For the avoidance of doubt, this will include disputes that are settled out of court or resolved through mediation or arbitration, at our election.
Controlling Law; Venue and Jurisdiction
These Terms of Use shall be governed by the laws of the United States and the State of California, without regard to its conflict of law principles. Venue and jurisdiction for any claims arising under this agreement shall lie exclusively with the Superior Court of the State of California, County of Monterey.
Revisions to Terms of Use
We retain the right to alter or terminate these Terms of Use at any time without notice. The current Terms of Use at any given time supersede any and all previous Terms of Use. At our option, we may notify users of changes to these terms through the Terms of Use hyperlink on the Website and/or by email. Any modification is effective as of the posting of the change.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to the Website excepting only our Privacy Policy. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any term or provision of these Terms of Use is found to be unenforceable, the remaining terms and provisions shall survive in full force and effect.
Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
No License
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Photography West or by any third party.
California Use Only
The Site is controlled and operated by Photography West from its offices in the State of California. Photography West makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of, or access to, the Website should not be construed as Photography West’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Contact Us
If you have any questions about these Terms of Use, please contact us using the information provided below.
Mailing Address:
Photography West – Legal
PO Box 5306
Carmel, CA 93921
ORDERS
Terms and Conditions of Sale:
These terms and conditions apply to any order you place through www.photographywest.com (“our Website”). Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
About Photography West:
We are Photography West, Incorporated, a California corporation, registered in the United States of America. Seller’s permit #015-791510. Our registered mailing address is PO Box 5306, Carmel, CA 93921.
Order Process:
To place an order with us online, please do so via our guest checkout. You will be required to provide some compulsory personal information (including a valid email address) so that we can fulfill your order. You confirm that all information provided by you to us is true, accurate and up to date. If there is an issue with the shipping or billing address provided, we will contact you via phone or email.
Please see our Privacy Policy for further details on how we use your personal information.
Our Website will provide you with instructions on the process for ordering products. Your order is deemed to be placed when you press the “confirm order” button at the end of the checkout process.
We will email you to acknowledge receipt of your order, but this does not confirm acceptance of your order. Our acceptance of your order will take place when we ship the products.
Prior to shipping the products, we may decline your order for any reason (including stock availability), our inability to obtain authorization for your payment, a pricing or product description error or any other circumstances. If we decline your order for any reason, we will inform you of this in writing and will not charge you for the products. If we have taken payment prior to declining your order, we will provide a full refund.
We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.
Price and Payment:
The price of the product will be the price in US Dollars ($USD) indicated on the order page when you place your order. We take reasonable care to ensure that the price of the product advised to you is correct. However, we may decline your order prior to shipping of the products if we discover an error in the price of the products you order. If we have taken payment prior to declining your order, we will provide a full refund.
The prices displayed on our product pages do not include sales tax or the cost of delivery or shipping. These additional charges are calculated and applied at the checkout. If the tax rate changes between the date of your order and the date of delivery, we will adjust the tax you pay, unless you have already paid for the Products in full before the change in tax takes effect. You will have to pay our shipping delivery charges as quoted on the Website at the time we accept your order. The amount of these shipping charges may vary depending on the shipping location you provide during checkout.
Please note that a 9.25% sales tax will apply to orders scheduled for pickup or shipping to any address located within the state of California. If you order products from our site for shipping outside California, or the United States, California sales tax will not apply, but they may be subject to import duties and taxes which are levied when the shipment reaches the specified destination. You will be responsible for payment of any such duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local tax or customs authorities for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the state and country for which the products are destined. We will not be liable for any breach by you of any such laws.
We accept payment with most major credit and debit cards. You must pay for the products before we ship them. Payment is taken by our preferred electronic payment provider, Stripe, at the time we accept your order. Any refunds will also be issued through Stripe.
Our products:
We take the utmost care to ensure our products are accurately described and documented on our Website. However, please note that actual image size measurements are approximate and may be a reference to the artist’s paper size, not the visible image size within the window. For example, Christopher Burkett’s original Cibachromes made on 30” x 30” Cibachrome paper, measure approximately 28.25” x 28.25” in the window of the overmat.
The mounted dimensions are accurate within ½ of an inch. The Website may contain typographical errors, omissions, or other inaccurate information, including but not limited to photograph descriptions and information related to availability and pricing. We reserve the right to correct errors, omissions, or other inaccuracies and to change or cancel orders at any time and without notice. Also, while we have attempted to display as accurately as possible our photographs on the Website, we cannot guarantee that any photograph you purchase will appear exactly as it appears on the Website – the colors you see may depend on the computer or device on which you are viewing our Website and may not accurately reflect the exact colors of the product on delivery.
All photographs displayed on the Website include an HD video condition report (written report upon request) and are sold “As-Is” and “With All Faults.” If you have any questions or concerns about specific products, please contact us directly prior to purchasing and we will happily assist you.
Shipping:
For all domestic orders, artwork with mounted dimensions under 40” x 48” will be shipped FedEx, unless you select another carrier. All publications are shipped FedEx or USPS Media Mail with tracking. We will notify you via email of the ship date and tracking information, so you know when your order has left our premises and is on its way. If you require a special delivery method, please contact us at the gallery before your purchase and we will do our best to accommodate your request.
All shipments of photographs will require a signature upon delivery with no exceptions.
Some items may be shipped the next day, whereas special ordered and framed photographs will take longer. For example, we ship Wednesday – Friday, so orders placed over the weekend will likely ship on the following Wednesday. If you decide to order the photograph framed, please allow for 3 – 6 weeks from the date of order for the delivery of these items.
If we encounter any significant delays in sending your order out to you, we will contact you by email.
We operate as a very small team here at the gallery. At particularly busy times of year (Christmas, exhibition openings, etc.), please allow 5-7 business days for your order to be fulfilled. If you would like your order to arrive on or before a specific date, please include a note when you place the order with said delivery date details, or email us within 6 hours of placing your order at info@photographywest.com. You may also reach us by phone at 1-831-625-1587. We will do our very best to accommodate your request.
Delivery:
We will send you an email to confirm when your order has shipped, along with the detailed tracking number.
Any timelines for delivery will be estimates provided by the shipping company. If the delivery of your order is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Once your order has been shipped, we will not be liable for delays in delivering your order, but please contact us if there is a delay and we will do our best to resolve the issue.
All orders for photographs require a direct signature to acknowledge delivery. If no one is available at the address to sign for the delivery, the shipping carrier (likely FedEx) will either leave a note or send an email informing you of how to rearrange delivery or collect the products from a local facility.
If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, the undeliverable items will be returned to us and we will refund your original payment method minus the shipping charges and a 3% processing fee.
The products will be your responsibility, and the risk of loss and/or damage to the products will pass to you when they are delivered to the address specified in your order.
24 Hour Cancellation Policy:
If you have changed your mind about an order, or placed an order by mistake, please submit an immediate cancellation request the same day and we will cancel your order. Delayed cancellation requests are subject to a 3% processing fee.
Damaged or incorrectly supplied products:
While we do our best to pack items as diligently as possible, accidents can occur during transit. In the case a signature-required shipment arrives with apparent exterior damage, please do not sign for the shipment and request it be returned to us. A resolution will be promptly provided in the form of repair, replacement or refund.
Please check your products upon delivery. If the products you have received are damaged or incorrectly supplied you, please contact us immediately at info@photographywest.com or 1-831-625-1587. In the case of damage, please email us photographs of the shipping container, as well as the damage, and we will provide a prompt resolution.
Order changes:
If you wish to make a change to your order before it is shipped, please contact us within 24 hours of placing the order and we will let you know about any changes to the price of the products, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Guarantee:
Our top priority is for our customers to be happy. We guarantee all merchandise sold by the gallery is authentic and as described. If you are not satisfied with your purchase, we will accept returns for exchange for a store credit (minus shipping charges) or refund within 7 days of delivery unless the item is invoiced as “final sale.” Store credits are valid for 12 months of the purchase date.
- Returns of original photographs are accepted within 7 days of delivery to purchaser’s destination
- Returned photographs should be in the same condition as received – undamaged, saleable, with the original packaging.
- Shipping charges are non-refundable
- Books and Posters are non-refundable
- Photography West reserves the right, at its sole discretion, to determine if a returned photograph is in saleable condition.
Limitation of Liability:
PHOTOGRAPHY WEST, INCORPORATED, AND ITS AFFILIATES, EMPLOYEES, MEMBERS, OWNERS, AGENTS, OR OTHER REPRESENTATIVES, WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND WHETHER THE PHOTOGRAPHY WEST INCORPORATED PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PHOTOGRAPHY WEST INCORPORATED PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES PROVIDED OR PRODUCTS SOLD THAT ARE SUBJECT TO THESE TERMS OF SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) TWO THOUSAND US DOLLARS ($2,000.00), OR (B) THE AMOUNT WE HAVE ACTUALLY RECEIVED FROM YOU IN PAYMENT FOR SUCH SERVICES OR PRODUCTS.
Assignment: We may transfer our rights and obligations under these Terms of Service to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Severability: Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Waiver: If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay in taking steps against you in respect of your breaching these Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Jurisdiction and applicable law: If you are a consumer, these Terms of Service, their subject matter and their formation, are governed by the laws of the State of California.
Last updated: June 8, 2026