IMPORTANT NOTICE: Please carefully read this document as it contains crucial information about your rights, obligations, as well as conditions, limitations, and exclusions that may apply to you. By placing an order for products or services, including through the Site (referred to as "EMFAP," "we," "us," or "our" as applicable), you acknowledge and agree to be bound by these terms and conditions.
If you do not agree to these terms, or if you are not of legal age to form a binding contract with Erika Masterson's Fine Art Photography (EMFAP), or if accessing or using this Site or any of its contents, goods, or services is prohibited by applicable law, you may not order or obtain products or services from this Site.
These terms and conditions (referred to as "Terms of Sale") govern the purchase and sale of products and services through erikamasterson.com (the "Site"), as well as through other methods or channels where these Terms of Sale are provided or made available for review in connection with a purchase. EMFAP reserves the right to change these Terms of Sale at any time and without prior written notice in its sole discretion. The most up-to-date version of these Terms of Sale will be posted on the Site, and it is your responsibility to review them before making any purchases. By continuing to use this Site after any posted changes, you accept and agree to the modified Terms of Sale.
Order Acceptance and Cancellation. By placing an order for products or services, you acknowledge and agree that your order constitutes an offer to purchase, in accordance with these Terms of Sale, all the products and services listed in your order. We reserve the right to accept or decline any orders at our sole discretion. Your order will be deemed accepted, and a contract of sale between Erika Masterson's Fine Art Photography (EMFAP) and you will be formed, only upon the issuance of an order confirmation email containing your order number and details of the items you have ordered. The services you purchase in accordance with these Terms of Sale, as specified in the order confirmation, are collectively referred to as the "Services." The products you purchase in accordance with these Terms of Sale, as specified in the order confirmation, are collectively referred to as the "Products." Please note that certain Products may be included in a package price along with other Products, and these Terms of Sale apply equally to all such Products that are "included" in the price of any other Products or provided without additional charge.
Prices and Payment Terms. (a) The prices displayed on the Erika Masterson's Fine Art Photography (EMFAP) website are subject to change without prior notice. The price of a Product or Service will be the price in effect at the time you place your order, as indicated in your order confirmation email. Any price changes will only apply to orders placed after such changes. Please note that the posted prices do not include taxes, customs fees, or shipping and handling charges for Products shipped outside the continental United States. These taxes and charges will be added to your total order and itemized in your shopping cart and order confirmation email. While we strive to provide accurate pricing, typographical errors or other errors in pricing may occur. In such cases, we reserve the right to cancel any orders resulting from such errors.
(b) Payment terms are at our discretion, and we may, but are not obligated to, offer payment plans to select customers. We may collaborate with third-party service providers through the Site to facilitate financing options for orders. If you choose to utilize such third-party services (e.g., Affirm), you will be subject to the terms and conditions of the specific service provider. The third-party may conduct a credit inquiry and request certain information from you for processing. We have no control over these third-party services and disclaim any responsibility for their actions or omissions. Unless we have provided you with a written payment plan agreement, payment must be received before we accept your order, including all applicable taxes, customs fees, and shipping charges. In case we do not accept your order, any pending payment will be returned or canceled. Unless otherwise agreed in writing, we will not ship any Product until we have received full payment, and any partial payments made are non-refundable and forfeited if full payment is not completed. We accept most credit card purchases, and we reserve the right to decline any other payment methods. By providing your credit card information, you represent and warrant that the information is accurate, complete, and authorized for use in the purchase. You agree to honor the charges incurred, which will be processed by your credit card company. You are responsible for paying the posted prices, including applicable taxes and customs fees, if any. If we provide an invoice or written document specifying the payment due for your order of Services and/or Products, these Terms of Sale shall apply to such invoice, document, and the purchase of the Services and Products outlined therein.
Shipments; Delivery; Title and Risk of Loss. (a) Erika Masterson's Fine Art Photography (EMFAP) will take care of arranging the shipment of the Products to you. You are responsible for covering all shipping and handling charges as specified during the ordering process.
(b) The title and risk of loss for the Products are transferred to you once we hand over the Products to the carrier. Please note that shipping and delivery dates provided are estimated and cannot be guaranteed. EMFAP is not liable for any delays in shipments.
Returns and Refunds. All sales of Products and Services from Erika Masterson's Fine Art Photography (EMFAP) are considered final, non-refundable, and non-returnable unless explicitly stated in this Section.
(a) If you receive a Product that is different from what you ordered, please contact us immediately at email@example.com. We may request photographic or other evidence of the incorrectly delivered Product. In the event of our error, we will replace the incorrect Product with the correct one at no additional cost. We may ask you to return the wrongly delivered Product before sending the replacement.
(b) If you receive a damaged Product, you must file a claim within seven (7) days of the Product's delivery by sending an email to firstname.lastname@example.org. After the seven-day period, we cannot accept claims for damage. To submit a claim for damages, please follow these steps: (1) Examine the outside of the box or shipping container upon receipt and note any visible damage; (2) If damaged, take pictures of the damaged area(s) and the entire outside of the box or container before opening it; (3) Open the package and inspect the contents for any damage; (4) If the Product is damaged, take clear and comprehensive pictures of all damaged areas and the entire Product; (5) Send all photos and supporting evidence of damage to email@example.com, including the word "Damage" and your order number in the subject line. We will make every effort to resolve the issue, including filing a damage claim with the shipping carrier. However, we retain full discretion to provide a refund, replace the Product, credit your account, or offer any other appropriate remedy. Do not return any Product without contacting us first and receiving explicit authorization. If you arrange for return shipping on your own, you assume the risk of loss during transit.
(c) Claims for damage cannot be accepted after the seven (7) day period mentioned above. When purchasing fine art prints, you are solely responsible for their care and maintenance. While we strive to use high-quality ink and paper for printing, we cannot guarantee that prints will never fade. For instance, exposing a print to direct sunlight may cause fading over time. All sales are considered final, non-returnable, and non-refundable unless otherwise stated in Section 4(a) or 4(b). This Section 4 does not limit the applicability of Section 5(b).
NO WARRANTY; DISCLAIMERS; LIMITATION OF LIABILITY. (a) Erika Masterson's Fine Art Photography (EMFAP) makes no express or implied warranties, covenants, or representations of any kind regarding the Services or Products or any content within them. EMFAP expressly disclaims all warranties, whether express, implied (including those implied from a course of performance or dealing), statutory, or otherwise, including but not limited to implied warranties of merchantability, suitability, fitness for a particular purpose or use, title, and non-infringement. The Services and Products are provided on an "as is," "where is," "as available," and "with all faults" basis. For example, EMFAP does not guarantee or warrant that products such as art or photography prints will never fade or become discolored, regardless of the care taken by either party to preserve their original quality and condition.
(b) Any information provided through the Services or Products (including books) is made available solely for general information and educational purposes. EMFAP does not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk.
(c) It is important to note that EMFAP does not guarantee, represent, or warrant that ordering or purchasing any of our Services or Products will result in any specific outcome. Any statements made by EMFAP or any third party about the Services or Products are opinions and should not be considered as guarantees or promises of actual performance. The information provided by EMFAP, whether in connection with Services, Products, or otherwise, should not be regarded as legal or financial advice. For matters that may impact your legal rights or financial or tax position or liability, it is advisable to consult with a licensed attorney, financial advisor, accountant, or other relevant expert.
(d) Some jurisdictions may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty provides you with specific legal rights, and you may also have other rights that vary depending on the jurisdiction.
(e) Testimonials, endorsements, and comments by customers or audience members regarding EMFAP's Services and Products, or the results they achieved, are solely the opinions of the individuals providing them. The results experienced by individuals using the Services or Products may vary significantly.
(f) Without limiting the general applicability of the disclaimers in these Terms of Sale, they also apply to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits, theft, destruction, unauthorized access, alteration, loss or use of any record or data, and any other tangible or intangible loss.
(g) LIMITATION OF LIABILITY. (i) In no event will EMFAP be liable for any damages whatsoever, including but not limited to any direct, indirect, general, special, compensatory, incidental, consequential, exemplary, or other damages arising out of: (I) your conduct or that of anyone else in connection with the use of the Services or Products; (II) any transaction conducted through or facilitated by the site; (III) any claim attributable to errors, omissions, or other inaccuracies in the site; (IV) any action taken or not taken as a result of communications sent to EMFAP; (V) any termination or cancellation of your right to access or use the site or the services; (VI) any Products or Services, including any damages or injury arising from their use; or (VII) the site or any other matter relating to the site, whether based on contract, tort, strict liability, or otherwise, even if EMFAP has been advised of the possibility of such damages.
(ii) If you are dissatisfied with the Services, your sole and exclusive remedy is to cease accessing the site and to stop using the Services and related Products. EMFAP's liability will under no circumstances exceed the actual amount paid by you for the defective Product or Service you have purchased, nor will it be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue, or profit, any diminution in value, costs of replacement Services or Products, or any consequential, incidental, special, or punitive damages or losses, whether direct or indirect. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you. In such jurisdictions, EMFAP's liability is limited, and warranties are excluded to the fullest extent permitted by law.
Intellectual Property Use and Ownership. You acknowledge and agree that, with respect to all Services and Products sold or provided by Erika Masterson's Fine Art Photography (EMFAP), no license is granted under these Terms of Sale or by any other means, whether expressly, implied, or otherwise, except for the limited license to display Products for personal use or enjoyment, without commercial gain.
(a) EMFAP and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and Service made available on or sold through the Site or any other method or channel, subject only to the limited license granted herein.
(b) Use Restrictions. You shall not directly or indirectly use or make any copies of the Products beyond the scope of the limited license granted under this Section 6 or use the Services or Product in violation of any applicable law, regulation, or rule.
Force Majeure. Erika Masterson's Fine Art Photography (EMFAP) shall not be held liable or deemed to have breached these Terms of Sale, nor shall we be considered responsible to you, for any failure or delay in our performance under these Terms of Sale that is caused by or arises out of any event, act, occurrence, or circumstance beyond our reasonable control. Such circumstances may include, but are not limited to, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, health epidemics and pandemics (whether or not declared by any governmental authority), shortage of materials, or failure of public utilities or common carriers. We assure you that we will make every reasonable effort to mitigate the impact of such events and resume our performance under these Terms of Sale as soon as reasonably possible.
Governing Law and Jurisdiction. These Terms of Sale for Erika Masterson's Fine Art Photography (EMFAP) shall be governed by and interpreted in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law. By engaging in any purchase of Products or Services from EMFAP, you hereby consent to the exclusive jurisdiction and venue of the federal and state courts situated in or having jurisdiction over Charleston, South Carolina. Any case, controversy, action, or dispute arising in connection with these Terms of Sale or your utilization of the Products or Services shall be subject to the sole and exclusive jurisdiction of the state or federal courts located in Charleston, South Carolina. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Sale.
Assignment. Without our prior written consent, you shall not transfer any of your rights or transfer any of your responsibilities under these Terms of Sale on behalf of Erika Masterson's Fine Art Photography. Any attempt to transfer or delegate in violation of this Section 10 shall be deemed invalid. The assignment or delegation of rights or responsibilities does not release you from any of your obligations under these Terms of Sale.
No Waivers. The failure of Erika Masterson's Fine Art Photography to enforce any right or provision of these Terms of Sale shall not be deemed as a waiver of future enforcement of that right or provision. Any waiver of a right or provision shall only be effective if it is in writing and signed by an authorized representative of Erika Masterson's Fine Art Photography.
No Third‑Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices. (a) To You. Erika Masterson's Fine Art Photography may deliver any notice to you regarding these Terms by: (i) sending a message to the email address you have provided, or (ii) posting the notice on the website. Notices sent via email will be considered effective upon sending, and notices posted on the website will be considered effective upon posting. It is your responsibility to ensure that your email address is up to date. (b) To Us. If you need to provide notice to Erika Masterson's Fine Art Photography in accordance with these Terms, you must contact us at firstname.lastname@example.org.
Severability. In the event that any provision of these Terms is determined to be invalid, illegal, void, or unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.