Terms of Service

TERMS OF SALE APPLICABLE TO

MEDIA, PRODUCTS, & SERVICES

("TERMS OF SALE")

 

All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Seed & Sage Photography’s designated photo lab. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Seed & Sage Photography must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.

Seed & Sage Photography facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that Seed & Sage Photography’s role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.

 

PRICING & PAYMENT TERMS

Purchasing of Media, Products, and/or Services through Seed & Sage Photography online store requires that the customer provide valid Payment Information as required by the online store. Seed & Sage Photography reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon Seed & Sage Photography’s written request.

The TERMS OF SALE requires the customer agrees to financially reimburse Seed & Sage Photography for all costs incurred during the collecting of amounts owed by the customer to either Seed & Sage Photography or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.

The customer is solely responsible for any taxes that they are obligated to pay, or that Seed & Sage Photography is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). Seed & Sage Photography reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, Seed & Sage Photography may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.

 

PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES

If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through Seed & Sage Photography Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download. Seed & Sage Photography is not required to keep files past 90 days.

If any physical Media and/or Product(s) are purchased, Seed & Sage Photography will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold Seed & Sage Photography reliable for any delays in shipping.

Seed & Sage Photography and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Seed & Sage Photography will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.

 

RETURN POLICY

Products are provided "as is" with no warranties whatsoever. Seed & Sage Photography wants the customer’s 100% satisfaction with any Product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical Product(s) purchased through Seed & Sage Photography’s online store, Seed & Sage Photography will contact the online store on your behalf to attempt to fix the problem. The ability to return Product(s) is to be determined by Seed & Sage Photography’s online vendor. Seed & Sage Photography will not be held liable to pay for unwanted goods.

If for any reason the customer is unsatisfied with digital Media Product(s) (i.e., photo download, etc.), Seed & Sage Photography must be given the opportunity to fix the problem.  If it is an editing issue, and at the sole discretion of Seed & Sage Photography based on the circumstances, Seed & Sage Photography may attempt to fix the edit a maximum of three times before they are no longer liable to continue to fix the problem.

 

PRODUCT AVAILABILITY AND PRICING

Seed & Sage Photography and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case Seed & Sage Photography will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.

 

PRODUCT DESCRIPTIONS, PRICING & ERRORS

Seed & Sage Photography endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, Seed & Sage Photography encourages the customer to report such issues to Seed & Sage Photograph.

Seed & Sage Photography does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and Seed & Sage Photography cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

Seed & Sage Photography and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund on the day of receipt.

In the event of any error, Seed & Sage Photography reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.

 

WARRANTIES

EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN 24 HOURS OF THE RECIEVAL OF PHYSICAL PRODUCTS. THIS CONSTITUTES THE EXTENT OF Seed & Sage Photography’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER.

 

DIGITAL IMAGE LICENSING

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Seed & Sage Photography. Seed & Sage Photography permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

  • The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Seed & Sage Photography. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
  • Under this provision, neither Seed & Sage Photography and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
  • A commercial license may be available upon request, and will require an additional contractual agreement between Seed & Sage Photography and the customer. Please contact Seed & Sage Photography for more information.

 

CUSTOMER ALLOWABLE ACTIONS

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

  • The customer may display Product(s) and Media on personal websites and computers.
  • The customer may make images and or prints for personal use without holding Seed & Sage Photography liable for quality if done outside of Seed & Sage Photography’s online store.

 

CUSTOMER BARRED ACTIONS:

Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

  • The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Seed & Sage Photography.
  • The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
  • The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
  • The customer shall not incorporate the Media, Product(s), or Seed & Sage Photography brand or logo into any trademarks, logos, or service marks.
  • The customer shall not make any purchased Media or Product(s) available for download.
  • The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.

 

SEED & SAGE PHOTOGRAPHY RETAINS ALL RIGHTS, LICENSE, COPYRIGHT, TITLE, DESCRIPTIONS, AND OWNERSHIP OF THE MEDIA CONTAINED WITHIN THESE PRODUCT(S).