These terms and conditions (the "Terms and Conditions") govern the use of www.bentondesignphotography.com (“this Site"). This Site is owned and operated by Benton Design Photography (“we”). This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on this Site is the property of Benton Design Photography and this Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of this Site.

Acceptable Use

As a user of this Site, you agree to use this Site legally, not to use this Site for illegal purposes, and not to:

- Violate the intellectual property rights of this Site owners or any third party to this Site; or

- Hack into the account of another user of this Site.

If we believe you are using this Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to this Site. We also reserve the right to take any legal steps necessary to prevent you from accessing this Site.

Accounts

When you create an account on this Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide to us through your account is up to date, accurate, andtruthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using this Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on this Site. 

The following goods are available on this Site:

- Photographic prints and products

The following services are available on this Site:

- Photography sessions

The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the goods and services that are displayed on this Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from this Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services

This Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on this Site.

Payments

We accept the following payment methods on this Site:

- Credit Card; and

- Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.  If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from this Site, the goods will be delivered through one of the following methods:

- Standard delivery by US mail and various carriers depending on the photo lab.

Delivery times vary. Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refunds for Goods:

All goods sold on this Site are non-refundable.

Refunds for Services:

We provide refunds for services sold on this Site as follows:

- Session fees will be fully refunded if the session is cancelled at least 24 hours in advance.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Benton Design Photography will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of this Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Benton Design Photography and our agents from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of this Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistentor invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate this Site and the way we expect users to behave on this Site. We will notify users by email of changes to these Terms and Conditions or post a notice on this Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

bentonphotog@comcast.net | (412) 607-7567

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You can also contact us through the feedback form available on this Site.

 

Effective Date: 27th day of February, 2022