Terms of Service
TERMS OF PRODUCT PURCHASE AND USE
The following is a legal agreement between you (“user”) and the Marco Fossalto Photography (defined below), which governs your use of Products (defined below) obtained by purchase through this website at MarcoFossalto.com and MarcoFossaltoPhotography.com, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Marco Fossalto Photography, doing business as Marco Fossalto Photography (“Marco Fossalto Photography”). “Products” referred to by these Terms include but are not limited to: digital files, prints, albums, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Marco Fossalto Photography. All such Products are the intellectual property of and are owned by Marco Fossalto Photography. By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Marco Fossalto Photography’s Products immediately. Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
PURCHASE AND USE LICENSE
By placing an order at MarcoFossalto.com or MarcoFossaltoPhotography.com, you accept the Terms of Product Purchase and Use set forth below. By placing an order at MarcoFossalto.com or MarcoFossaltoPhotography.com, you agree to the total USD amount of the sale, and authorize Marco Fossalto Photography to collect payment via the payment method you specified. Marco Fossalto Photography reserves the right to make changes to this site and these terms and conditions at any time. Please check back often for updates. Please read through our terms thoroughly.
These Terms of Product Purchase and Use are applicable to your purchase of any Prints, Canvases, Albums, and/or other Products through MarcoFossalto.com or MarcoFossaltoPhotography.com. Other than as specifically provided in any separate written agreement between you and Marco Fossalto Photography, these Terms of Product Purchase and Use may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Product Purchase and Use. In the event of any conflict between these Terms of Product Purchase and Use and the other provisions provided on your original contract, these Terms of Product Purchase and Use will control.
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Marco Fossalto Photography on MarcoFossalto.com or MarcoFossaltoPhotography.com are non-refundable. Marco Fossalto Photography facilitates your purchase of Prints, Canvases, Albums, and/or other Products through its relationship with Marco Fossalto Photography's vendors. If you purchase Prints, Canvases, Albums, and/or other Products through MarcoFossalto.com or MarcoFossaltoPhotography.com, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by Marco Fossalto Photography or such vendors, and Marco Fossalto Photography's role is to assist, facilitate, and support such order process pursuant to these Terms of Sale.
Permission is granted to temporarily download one copy of the materials (information or software) on Marco Fossalto Photography's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Marco Fossalto Photography's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Marco Fossalto Photography at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
DISCLAIMER
The materials on Marco Fossalto Photography's web site are provided "as is". Marco Fossalto Photography makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Marco Fossalto Photography does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
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. Marco Fossalto 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.
PAYMENT TERMS AND TAXES
In order to purchase Products through MarcoFossalto.com or MarcoFossaltoPhotography.com, you are required to provide valid Payment Information as required by the online store. Marco Fossalto Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon Marco Fossalto Photography's request.
You agree to reimburse Marco Fossalto Photography for any and all costs incurred in collecting amounts owed by you to Marco Fossalto Photography or Marco Fossalto Photography's vendors, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that Marco Fossalto Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Marco Fossalto Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, the photography studio may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
DIGITAL DOWNLOADS, SHIPPING TERMS, AND POLICIES
If you purchase a Digital Download, such download will be made available to you through the Services upon Marco Fossalto Photography's receipt of your valid Payment Information. You must act in accordance with the Digital Image Use License that Marco Fossalto Photography provides.
If you purchase Prints, Canvases, Albums, or other physical medium Products, Marco Fossalto Photography will use its commercially reasonable efforts (and Marco Fossalto Photography's Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Marco Fossalto Photography is not responsible for any delays in shipping.
Marco Fossalto Photography or Marco Fossalto Photography's Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility, unless otherwise noted. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Marco Fossalto Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
RETURN POLICY
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Marco Fossalto Photography on MarcoFossalto.com or MarcoFossaltoPhotography.com are non-refundable. On that note, Marco Fossalto Photography 100% guarantees your satisfaction with any Products that you purchase through MarcoFossalto.com or MarcoFossaltoPhotography.com. Replacement items for damage in shipping or misidentified images will be honored within a fourteen (14) day return for replacement period unless otherwise noted.
All returns for replacement must follow the following conditions: All products must be returned complete; Marco Fossalto 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; Claim for missing products must be reported within ten (10) days from the date item is shipped. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product.
Unless otherwise noted, we do not provide refunds for your return shipping cost unless your order is physically defective in some manner. To request a replacement for any Product, please contact Marco Fossalto Photography at mark@MarcoFossalto.com. Please do not contact your credit card company to dispute a charge before contacting Marco Fossalto Photography.
Unauthorized Returns
Shipments that are refused without authorization, or that are returned to us because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.
PRODUCT AVAILABILITY AND PRICING
Marco Fossalto Photography or Marco Fossalto Photography's Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.
ERRORS IN PRODUCT DESCRIPTION OR DISPLAY
Marco Fossalto Photography strives to maintain accurate information on MarcoFossalto.com or MarcoFossaltoPhotography.com and to eliminate any errors. However, we do not warrant that Product descriptions, Prints, Canvases, Albums, and/or other Product pricing or other photography studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.
Marco Fossalto Photography or Marco Fossalto Photography's Vendors reserve the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Marco Fossalto Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within fourteen (14) days of receipt.
In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, Marco Fossalto Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
For more information please read our Terms and Conditions located on www.MarcoFossalto.com.