crafted by photobiz

Terms of Use

Terms & conditions1. THE CONTRACT BETWEEN US1.1 Please read these terms and conditions carefully as they set out the rules for how we run the website and supply the goods which you may purchase through this website. By placing an order you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.1.2 We reserve the rights to change the contents of this website, including these terms and conditions at any time without notice, by posting such changes on the website. It is your responsibility to familiarize yourself with the terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised terms and conditions. If you do not accept these terms and conditions, you may not use this website.2. TERMS AND CONDITIONSThese terms and conditions govern your use of The Inner Eye Photography services offered via this website and all orders placed by you for prints based on the content advertised on this website.3. ORDERS3.1 All orders placed by you through our website will be subject to these terms and conditions.3.2 All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).3.3 We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the Products has been received, we will confirm that your order has been accepted.4. SPECIFICATIONS4.1 The Inner Eye Photography has made every reasonable effort to display on the website as accurately as possible a description of the Products. However, some slight variations may occur from time to time in relation to the colors and the appearance of the images from the way they appear on screen. 5. PRICE AND PAYMENT5.1 The price for the Products that you order will be the price quoted on the website at the date the order is received.5.2 Please note that we only accept payment in Canadian Dollars. If you purchase Products using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.5.3 Prices include VAT and any other applicable taxes. If you are purchasing Products from any other country than Canada, you will be responsible for paying any applicable sales.5.4 Payments must be made by credit card. By submitting a credit card number, you: (a) represent and warrant that your use of the particular card is authorized and that all information that you submit is true and accurate; and (b) authorize us to charge to the card you tendered all amounts payable by you to us based on the Products you order.5.5 You may be subject to validation checks and/or third party authorizations depending on your method of payment.6. DELIVERY6.1 The Inner Eye Photography aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.6.2 All deliveries must be signed for and you should keep your delivery note and packaging. You are required to notify The Inner Eye Photography on the contact page within 14 days if any Products are missing or damaged on delivery. 6.3 Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.6.4 It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any Products purchased from this website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.7. YOUR RIGHT TO CANCEL 7.1 If the Products you order are custom-made to your specifications and personalized to your requirements, you cannot cancel your order except as set out in paragraph 7.2 below. 7.2 For any customized orders, you may cancel your order at any stage before, and up to seven (7) days after you have placed your order with us, provided we have not dispatched the relevant Products to you. To do this you must notify us by sending an email to our contact page.8. CANCELLATION BY US8.1 We reserve the right to cancel any order (or any part of the order) if for any reason: 8.1.1 The Products cannot be supplied to you in the country where you reside;In which event we will notify you by email and refund any payments you have made for that order or that part of the order.8.2 We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.8.3 We reserve the right to modify, suspend or discontinue this website, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.8.4 You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this website, the Service or any Products.9. OUR LIABILITY9.1 Save as precluded by law, we will not be liable to you or any third party for any indirect, incidental, special, punitive or consequential loss, damage or expenses (including without limitation any loss of materials, interruption of service or wasted expenditure) howsoever arising out of your use of this website, the service and/or the products, even if advised of the possibility of such damages. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid for the products in question. The foregoing limitations shall apply regardless of theory under which such cause of action is brought, whether in contract, tort, warranty or otherwise.9.2 The information contained in the website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.9.3 The Inner Eye Photography shall be under no liability in respect of any defect in the Products arising from your failure to follow instructions when ordering of the Products via the website, your use of the Products or your misuse or alteration of the Products.9.4 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other rights that vary from country to country and from state to state.10. USE OF THE PRODUCTS AND OTHER RIGHTS AND RESTRICTIONS10.1 We are authorized to produce, distribute and sell the Products. The Inner Eye Photography retains all rights, title and interest in and to this website, the Service and the Products including all design, text, images, photographs, artwork, and other copyrightable or otherwise legally protectible elements contained therein, together with the selection, sequence, “look and feel” and arrangements of this website.10.2 This website, the Service and the Products are protected by intellectual property laws and your use is subject to the following conditions: 10.2.1 You may only use this website, the Service and the Products for your own personal use and not for any business-related purposes;10.2.2 you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this website, the Service, the Products or any part thereof; and10.2.3 You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this website.10.3 You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.11. ACCEPTABLE USE 11.1 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.11.2 The website may host comments from customer. Any electronic communications and / or content you send to this website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".11.3 When dealing with this website you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.11.4 Unauthorized use of this website may give rise to a claim for damages and / or be a criminal offence.12. YOUR INFORMATION12.1 You are personally liable for any orders that you place and charges that you incur.12.2 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.13. OFFENSIVE CONTENT13.1 The website may contain comments submitted by our customers. We therefore take no responsibility for any content, materials, messages and the like that customers may post or view on these areas of the website. 14. EVENTS BEYOND OUR CONTROL14.1 We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.15. INVALIDITY15.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.15.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.16. PRIVACYYou acknowledge and agree to be bound by the terms of our privacy policy, which is incorporated herein by reference.17. ENTIRE AGREEMENT17.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to your access to and use of this website and the Service and the supply of the Products to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.18. GOVERNING LAW AND JURISDICTION18.1 The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with Canadian law and the Canadian courts shall have jurisdiction to resolve any disputes between us.18.2 Any claim or cause of action against The Inner Eye Photography arising out of or related to use of this Website, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.19. ELECTRONIC DELIVERY POLICY19.1 You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this website.20. MISCELLANEOUS20.1 This website is intended for residents of Canada. The Inner Eye Photography makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. The failure of The Inner Eye Photography to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.