Terms of Sale
Ordering
You are responsible for supplying all required information when submitting an order, including complete name, shipping and billing address (no P.O. Boxes), telephone number, valid e-mail address, and valid payment method. No responsibility is assumed for mis-delivery due to incorrect information supplied by a customer. Jason Sullivan Photography reserves the right to refuse or cancel any order at any time, in which case the customer’s sole remedy is a refund of any payment(s) made for such order.
Changes to Orders
It is not possible to change your order once it has been placed. The only exception is the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, please contact the Jason Sullivan Photography customer service via email at info@jasonsullivanphoto.com. Please allow up to 72 hours for confirmation of your order delivery status, and the possibility of a shipping address change.
Payment
Payment for any order must be made in advance at the time the order is placed. You may pay for your order by credit card, or by PayPal, or such other means as we may in future choose to accept. In the event of a stopped payment, disapproved charge or other failure to submit pre-payment, Jason Sullivan Photography shall have the right to cancel the order or, if already shipped, to seek payment and hold customer responsible for any and all costs of collection, including but not limited to reasonable attorneys’ fees, as well as to charge interest at the rate of 4.5% per month until payment is made.
Colour Matching
You acknowledge and understand that:
- Colours as seen on a computer monitor may not look the same as the colours as they appear on our manufactured or printed product.
- No guarantee is made that any image as seen online will necessarily match exactly the colours on the final product.
Personal Data
All information submitted by you in connection with any order is governed by the Privacy Policy.
Sales Tax
You, (the Client) are solely responsible for any state, local, or federal GST, sales, use, VAT, excise, import fees, or other taxes. Generally, when the Seller is required to collect such taxes from buyers, we will include such amounts in the Order. If for some reason such taxes are not included in the Order, and Seller is later required to pay them to any taxing authority, we will look to the Client for prompt reimbursement.
Delivery
Delivery time depends on the shipping option you choose when ordering and your geographical location (your shipping address).
Please allow at least 3-4 weeks for your Limited Edition purchases or 10-21 days for your retail product to be shipped, plus the shipping time based on the shipping option you selected. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. If your print arrives damaged or broken, please contact us. We will happily replace it, but we’ll need a few photos of the damage.
Email us at info@jasonsullivanphoto.com. Requests must be received within 14 days of delivery and must include a copy of the shipping receipt and photographic proof of the damage for us to review. We will make a determination whether the damage in fact occurred during shipping. If we approve your request for a replacement, we will not charge you for the new print or product, but you will be responsible for the costs of returning the damaged print to us, plus the cost of shipping the new print to you.
Pre-Sale and On Demand Sales
By purchasing a pre-sale or on demand product (the "Product"), you are entering a binding agreement Jason Sullivan Photography ("Company", "we", "us", "our"). Please read these Pre-Sale Terms and Conditions ("Terms") carefully before making a purchase. If you do not agree to these Terms, you should not proceed with your purchase.
Pre-Sale or On Demand Product
The Product is currently under development and is not yet available for delivery or the item is made on demand to then be delivered to a customer to fulfil a paid order. The estimated shipping date is purely indicative and can be subject to changes.
Price and Payment
You agree to pay the price for the Product as stated at the time of your order.
No Refunds
All sales are final. Given the nature of the Product as a pre-sale or on demand (made for order) item, we do not offer any refunds after a purchase has been made.
Cancellation Policy
You may cancel your order at any time prior to the shipping of the Product. However, instead of a refund, you will be provided a credit to your account with us, which may be applied to future purchases.
Limited Guarantee of Delivery
We will make reasonable efforts to deliver the Product as soon as it is available. However, delivery dates are not guaranteed and may be subject to delays for reasons which include, but are not limited to, manufacturing issues, shipping delays, and force majeure events.
Copyright and Reproduction
All copyright rights, including, without limitation, all reproduction and trade dress rights (collectively, the “Copyright”), to the Artwork are expressly reserved by the Seller and Artist. This Agreement does not include a sale or license of the Copyright to the Client. The Client will not reproduce or copy the Artwork without advance written permission. Artist’s signature and/or the copyright notice as they appear on or about the Artwork at the time of sale must not be removed or concealed. Artist shall receive authorship credit in connection with the Artwork at all times.
General Terms of Sale
All orders and transactions also are subject to the Jason Sullivan Photography Terms of Use policy, including, but not limited to, the limitations on damages and exclusions of warranties set forth therein. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. No responsibility is assumed for any errors in listed prices or other information, all of which we reserve the right to correct. Orders are not final or binding until accepted by us. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Jason Sullivan Photography is not responsible for any delay or failure in delivery due to causes beyond its control, including, but not limited to, acts of God, war, terrorism, embargo, quarantine, accidents, fire, explosion, flood, severe weather, epidemic, riots, civil disturbance, unavailability of labour or transportation or any other similar or dissimilar cause. You are responsible for the proper and safe handling of any prints or other products you order from us. To the extent allowed by law, the Jason Sullivan Photography liability for any claim relating to any product purchased from us is the amount you paid for the product.
Shipping Problems/Damage
Notification of all shipping defects or damage must be made within 14 days of delivery and accompanied by the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping.
Cancellation Policy
All works are custom orders. Production of the purchased work(s) begins immediately after purchase, and shipment will occur as soon as possible after production is complete. As a result, the work(s) cannot be cancelled, returned or refunded at any time. In light of the substantial production costs incurred once production has begun, any request to cancel an order or otherwise modify the produced image or artwork (e.g., increasing or reducing size, changing image, etc.) will be eligible to a 50% restocking fee. Due to our shipping and production timeline, produced & shipped work(s) are non-cancellable, non-returnable, non-exchangeable and non-refundable.
Return Policy
Retail Products
If for any reason you are not completely satisfied with a Jason Sullivan Photography retail purchase, you may return it (you are responsible for applicable return shipping costs) within 14 days of receipt and receive store credit for a future purchase. Items need to be returned in an "as-new" condition.
Limited Edition and Open Edition Artworks
Jason Sullivan Photography Limited Editions and Open Editions artworks are custom-made and as such, we are unable to offer returns or exchanges.
We are unable to change your artwork once the order is placed.
Exclusion from Returns
If your use of our site or services has been terminated for violation of these Terms of Sale or our Terms of Use, we may refuse to accept any returns from you.
Limitation of Liability
To the maximum extent permitted by law, our liability for any claim arising out of, or in connection with, your purchase of the Product shall be limited to the amount paid by you for the Product.
Changes to Terms
We reserve the right to change these Terms at any time without notice. Any changes will be effective immediately upon posting on our website, and you are deemed to have accepted such changes by your continued use of the Product or our services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, and any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
Contact
If you have any questions or concerns about these terms, please contact us at info@jasonsullivanphoto.com.
Acceptance of Artwork
As fine art can be fragile, you must inspect the Artwork immediately upon receipt. If the Artwork is damaged or does not otherwise conform with the Order, the Client must provide the Seller with written notification no later than fourteen (14) days after receipt of the Artwork. Otherwise, the Artwork is deemed to be accepted.