Terms of Sale
All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Matthew Tanksley Photography’s online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Matthew Tanksley Photography must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.
Matthew Tanksley Photography facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that Matthew Tanksley Photography’s role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.
PRICING & PAYMENT TERMS
Purchasing of Media, Products, and/or Services through Matthew Tanksley Photography’s online store requires that the customer provide valid Payment Information as required by the online store. Matthew Tanksley Photography reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon Matthew Tanksley Photography’s written request.
The TERMS OF SALE requires the customer agrees to financially reimburse Matthew Tanksley Photography for all costs incurred during the collecting of amounts owed by the customer to either Matthew Tanksley Photography or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that Matthew Tanksley Photography is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of the transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product (s). Matthew Tanksley Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, Matthew Tansley Photography may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product (s) and will be included on the respective invoice and/or receipt.
PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES
If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through Matthew Tanksley Photography Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.
If any physical Media and/or Product(s) are purchased, Matthew Tanksley Photography will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold Matthew Tanksley Photography reliable for any delays in shipping. Matthew Tanksley Photography and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. 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, Matthew Tanksley Photography will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
RETURN POLICY
Matthew Tanksley Photography guarantees the customer 100% satisfaction with any Media and/or Product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical Media and/or Product(s) purchased through Matthew Tanksley Photography’s online store, Matthew Tanksley Photography will accept the return for any reason within thirty (30) days of your receipt of the Media and/or Product (s). Upon successful completion of the return process, and receipt of the returned Product, the customer will have the option to either resend the purchased Media and/or Product or issue a full refund of the purchase price paid by the customer less shipping costs, unless the Product has been determined to be physically defective.
If for any reason the customer is unsatisfied with digital Media and/or Product(s) (i.e., photo download, software preset, etc.), then at the customer’s request, Matthew Tanksley Photography may issue a full refund of the purchased price paid by the customer at the sole discretion of Matthew Tanksley Photography based on the circumstances. To request a refund or replacement for any purchased Media and/or Product, please contact Mittanksley@gmail.com
PRODUCT AVAILABILITY AND PRICING
Matthew Tanksley Photography and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case Matthew Tanskley Photography will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
PRODUCT DESCRIPTIONS, PRICING & ERRORS
Matthew Tanksley Photography endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, Matthew Tanksley Photography encourages the customer to report such issues to Mittanksley@gmail.com
Matthew Tanksley Photography does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and Matthew Tanskley Photography cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.
Matthew Tanksley Photography and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or Product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or Product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.
In the event of any error, Matthew Tanslely Photography reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
WARRANTIES
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS OF PURCHASE. THIS CONSTITUTES THE EXTENT OF Matthew Tanksley Photography’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER.
DIGITAL IMAGE LICENSING
Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Matthew Tanksley Photography. Matthew Tansley Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:
- The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Matthew Tanksley Photography. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
- Under this provision, neither Matthew Tanksley Photography and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
- A commercial license may be available upon request, and will require an additional contractual agreement between Matthew Tanksley Photography and the customer. Please contact Mittanskley@gmail.com for more information.
CUSTOMER ALLOWABLE ACTIONS
Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:
- The customer may display Product(s) and Media on personal websites and computers.
- The customer may make images and or prints for personal use.
CUSTOMER BARRED ACTIONS:
Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:
- The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Matthew Tanksley Photography.
- The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
- The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
- The customer shall not incorporate the Media, Product(s), or Matthew Tanksley Photography brand or logo into any trademarks, logos, or service marks.
- The customer shall not make any purchased Media or Product(s) available for download.
- The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.