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, widgets and/or services (collectively the “Services”) offered by Photography West Incorporated (“Photography West” or “we” or “us”).
BY USING 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 Services. If you use 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 Services. All users of the Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Services may be subject to additional terms and conditions specified by us from time to time. Your use of the Services 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 accessing or attempting to access data on the Website or the Website’s host server(s). You agree not to make any attempt to probe, scan, or test the vulnerabilities or capabilities of the Website or the Website’s host server(s).
Copyright
You acknowledge the materials on the Website (including the overall design, text and images of artwork) are protected by copyright and other proprietary rights, and you agree not to copy, reproduce, publish, transmit, download, distribute, or otherwise use or appropriate these materials 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. Any unauthorized uses 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.
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.
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 EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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.
Dispute Resolution
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, California.
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.
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
ONLINE 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 PWG:
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 an 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 import 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 32” x 38” will be shipped FedEx, unless you select another carrier. For domestic orders, artwork with mounted dimensions over 32” x 38” will be shipped UPS, unless you select another carrier. All publications are shipped USPS Media Mail with tracking, unless specifically requested otherwise. 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 will require a signature upon delivery with no exceptions. We will contact you via the email address you provided to confirm the shipping address is correct prior to shipping your products. A written response to our email is required prior to shipping your products.
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 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 or UPS) 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, you may promptly submit a cancellation request. As long as the cancellation request is received before 11pm UTC the day your order is placed, we can cancel your order for no additional charge. Cancellation requests submitted after that time period are subject to a 3% processing fee.
Damaged or incorrectly supplied products:
Please check your products upon delivery. If the products you have received are damaged or incorrectly supplied you, please contact us immediately. In the case of damage, please email us photographs of the shipping container, as well as the damage, and we will arrange for a replacement to be sent to you immediately.
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 original photograph(s), we will accept returns for exchange or store credit (minus shipping charges) within 7 days of delivery. If you would rather receive a refund for the original photograph(s), we will issue you a refund minus the shipping charges and a 3% processing fee as soon as the works are received at the gallery.
- 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, AGENS, 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 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.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR: (i) DAMAGE ARISING FROM A GROSSLY NEGLIGENT BREACH OF DUTY BY PHOTOGRAPHY WEST INCORPORATED OR FROM AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY A LEGAL REPRESENTATIVE OF PHOTOGRAPHY WEST INCORPORATED OR A PERSON USED TO PERFORM AN OBLIGATION OF PHOTOGRAPHY WEST INCORPORATED; OR (ii) ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OTHER IMPORTANT TERMS:
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: September 17, 2023