These terms and conditions (“Terms”) apply to the purchase of all forms of photographic print regardless of payment amount. The Terms below form part of the contract between us (“WardenShortbow”, “us,” “we”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered. The terms and conditions incorporate the Privacy Policy by reference. By visiting the WardenShortbow-owned and branded websites, web pages, and interactive features (“Site”), or purchasing a photographic print via the Site or other provided method, you are acknowledging and agreeing to the Terms set forth below

1. Customer Responsibilities

By purchasing a print, you are confirming that you have read the associated print description, edition type and size as described by us.

2. Ordering

All orders must be submitted via the Site in accordance with the instructions set out on each step and page of the checkout process.

You are responsible for ensuring the completeness and accuracy of your order details and we will not be liable for any failure by you to provide complete and accurate information in your order.

Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be by e-mail), along with relevant order reference number.

We reserve the right to:

Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.

Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.

Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to the you by cancellation of an order by us.

3. Delivery

Delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.

The print(s) will be your responsibility from the completion of delivery.

You are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.

Any items which are significantly damaged must be rejected by you. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.

Should any damage be discovered at the point of delivery, you must provide us with photographs of the specific areas of concern along with the entire package, with shipping label showing, to assist in our ability to raise a suitable claim with the courier.

Failure to inform us of any damage to the print(s) within 24 hours of the courier's delivery receipt will mean you have confirmed your acceptance of your order in good condition. Damage report communications should be sent to support@wardenshortbow.com.

4. Replacement

We do not accept returns, except when we have determined in our sole discretion that you received the product in question in a damaged state. We will accept return of a damaged print and replace it within 30 days of initial delivery. We will cover shipping in event that we agree damage was sustained before or in transit.

5. Customs, Excise Duties & Import Taxes

All prints are produced and shipped from the U.S.

As a responsible international seller, we are legally bound to provide information to the relevant import and export authorities when shipping prints to countries outside of the U.S.

We will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.

The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.

Any deliveries which are returned due to non-payment of customs charges, duties or other taxes will be considered complete and non-refundable.

We are able to discuss any potential import duties prior to ordering, should any questions or concerns arise. Please contact us directly for further information at support@wardenshortbow.com.

6. Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.

An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an event outside of our control takes place that affects the performance of our obligations under this contract:

We will contact you as soon as reasonably possible to notify you; and

Our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.

7. Price of Prints & Delivery

The prices of the prints will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of print(s) you ordered, please see below for what happens in this event.

Prices for our prints may change from time to time, including as described according to our pricing model, but changes will not affect any order which we have confirmed with a dispatch confirmation.

It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

8. Print Formats

Unless stated on your order confirmation and receipt, all prints are delivered as "loose photographs", in a rolled tube with protective packaging.

All images on this website are intended to be an indicative preview of the final output and should not be relied upon as a completely accurate representation of the final product.

All sizes listed on this site are for the print itself.

To accommodate for production tolerances, all listed dimensions are agreed to be +/- 10% in measurement.

9. Copyright and Ownership

By purchasing a print from us, you understand that you own a copy of an original photograph as captured by the original creator.

At no point do you, or will you, own the copyright of any image purchased from us as a print.

As between you and WardenShortbow, WardenShortbow owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Site solely for such purposes without our written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.

10. Liability.

WardenShortbow shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not you or we had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of WardenShortbow shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel WardenShortbow has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

11. Disclaimer of Warranties

The Site, the Site materials, and materials on, in, and made available through the Site, and the services, products, information and other materials on and in and made available through the Site is made available “as is” and “with all faults.” Use of the Site is entirely at your own risk. We make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Site Materials, the services, products, information and other materials on and in and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, and title.

12. Payment

You can pay for prints using our payment processing system, online.

Payment for the prints and all applicable delivery charges must be made in advance.

Once delivery of your order has been signed for as accepted, your order and payment are considered complete.

13. Our Right to Vary These Terms

We may revise these Terms from time to time.

Every time you order prints from us, the Terms in force at that time will apply to the contract between you and us.

The Terms applicable to your contract will be determined as those published and active on the date your order was placed.

14. Jurisdiction and Disputes

These terms are governed by United States and California law.

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a print as a gift, you may transfer the benefit of our replacement policy and procedures described at clauses 3 and 4 to the recipient of the gift without needing to ask our consent.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a print will have the benefit of our replacement policy and procedures described at clauses 3 and 4, but we and you will not need their consent to cancel or make any changes to these Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

This contract for the purchase of prints through the Site and any dispute or claim arising out of or in connection with it will be governed by California law. You and we both agree that the state and federal courts of California will have exclusive jurisdiction.

15. Current Version of these Terms & Conditions

These Terms and Conditions were last updated on September 9th, 2021 and replace any prior versions in their complete form.

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