Welcome to David Welch Photographic Arts (“Website”). By using this Website, you agree to be bound by the following terms and conditions. These terms, along with our Privacy Policy, govern our relationship with you concerning your use of this Website and any purchases made through it.
1. Amendment of Terms
We reserve the right to change, modify, add, or remove portions of these terms at any time. It is your responsibility to review these terms periodically for updates. Continued use of the Website after any changes constitutes acceptance of the revised terms.
2. Limitation of Liability
We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of this Website, including errors, omissions, or reliance on third-party content. It is your responsibility to ensure that any products or information available through this Website meet your specific requirements.
3. Compliance with U.S. Laws
Our services and products comply with U.S. laws, including Consumer Protection Laws, Federal Trade Commission (FTC) regulations, and eCommerce laws. By purchasing from this Website, you confirm that you are over 18 years of age and legally permitted to enter into a contract.
4. Orders, Payment, and Pricing
- All prices are listed in U.S. Dollars (USD) and may be subject to change without notice.
- We accept payments via major credit cards, PayPal, and other secure payment methods.
- Payment must be received in full before any product is shipped or digital content is delivered.
- We reserve the right to refuse or cancel orders due to pricing errors, suspected fraud, or regulatory concerns.
5. Delivery of Goods
- Physical Products: Orders are shipped via reputable carriers. Estimated delivery times vary but typically range from 3-10 business days. We are not responsible for shipping delays beyond our control.
- Digital Products: Digital downloads are available immediately upon successful payment. If you experience issues accessing your purchase, please contact us for assistance.
- Damaged or Lost Items: If your order arrives damaged or is lost in transit, please contact us promptly for resolution.
6. Returns and Refunds
- We accept returns for physical products within 14 days of purchase. Items must be unused and in their original packaging.
- Digital products are non-refundable unless there is a technical issue preventing access.
- Refunds are processed within 5-10 business days using the original payment method.
7. Intellectual Property Rights
All content on this Website, including images, text, designs, and logos, is the intellectual property of David Welch Photographic Arts and is protected under U.S. copyright and trademark laws. Unauthorized reproduction, distribution, or use of any content is strictly prohibited.
8. Third-Party Links
This Website may contain links to third-party websites for additional resources or services. We are not responsible for the content, policies, or practices of these third-party sites.
9. Privacy Policy
Your use of this Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your data in compliance with U.S. data privacy laws.
10. Exclusion of Competitors
If you operate a competing photography business or offer similar products/services, you are prohibited from using this Website for commercial purposes without express written consent.
11. Disclaimer
- We do not guarantee uninterrupted or error-free operation of this Website.
- We are not responsible for any security breaches, data loss, or unauthorized access that may occur despite our best efforts.
12. Governing Law and Jurisdiction
These terms are governed by the laws of the United States and the State of California. Any disputes arising from your use of this Website shall be resolved exclusively in the courts of California.
13. Contact Us
For any questions regarding these Terms and Conditions, please contact:
David Welch Photographic Arts
legal@davidwelchphotographicarts.org
3963 Shelter Glen Way
Santa Rosa, Ca 95404
Effective Date: February 14th, 2025