Acceptance of terms: By accessing, browsing, or purchasing from Petals to Peaks Photography, through our Pixieset storefront, you the customer agree to be bound by these Terms of Service. If you do not agree, do not use our services.
Service Description: We sell physical photographic prints and digital downloads, fulfilled through the Pixieset platform. Print orders are processed through Pixieset's storefront system and printed and shipped by third-party professional print labs integrated with Pixieset. They are not handled by us. We do not maintain inventory or directly fulfill any orders. Digital orders are processed through Pixieset's store system and are high quality JPEG's suitable for large-scale printing and archiving.
Third party platform and fulfillment disclaimer: Printing, packaging, and shipping are handled by third-party labs via Pixieset. We do not control print production, materials, color calibration, or delivery logistics. We are not liable for delays, damage, or errors caused by Pixieset or its partner labs. For digital downloads we are not liable for technical interruptions, server downtime, or platform-wide issues on Pixieset's end. Additional terms from Pixieset and its payment processor may apply to your transaction. The platform's own Terms of Service policies may also apply to your purchase.
Image Display and Color Accuracy: We strive ensure accurate image representation however for printing products and digital downloads colors and brightness may vary between screens and printed products and for individual monitors. Cropping may occur depending on selected print sizes, image sizes and aspect ratios. Minor variations are inherent to photographic printing processes as well as with digital files. All images are sold as artistic work, not exact reproductions.
Pricing and Payment: Prices are listed in US dollars, and are subject to change without notice. Payments are securely processed through Pixieset's integrated payment providers and applicable taxes and shipping fees are calculated at checkout. We do not store or have access to your payment information.
Order processing: Orders are sent to production shortly after purchase. Once in production, orders cannot be modified or canceled. We reserve the right to cancel any order due to suspected fraud, pricing errors, or technical issues. Downloads are instant via the Pixieset platform and it is your responsibility to complete the download and backup the purchased items. Galleries are hosted for an unset amount of time.
Shipping and Delivery: Shipping timelines are estimates provided by Pixieset and its labs. We are not responsible for delays caused by carriers, customs, or external factors. Risk of loss transfers according to Pixieset and its fulfillment partners.
Returns, Refunds, and Replacements: Because all prints are made-to-order returns are only acceptable if: the item arrives damaged, defective, or materially incorrect. To request a replacement, you must contact us within 5 days of delivery. Provide clear photographic evidence of the damage to the shipping container and how it affected the product. We will work with Pixieset to submit a claim and seek resolution. We do not guarantee refunds for buyers remorse, color variations, or incorrect size selection. For digital downloads.....
Intellectual Property: All images and content are the exclusive property of Petals to Peaks Photography and are protected by copyright laws. Printing: Does not grant rights to: Reproduce, scan, distribute, modify, or commercially exploit any image. Use images for commercial or public purposes without permission. Transfer copyright or usage rights. Digital downloads: Does not grant the rights to sell, edit, alter, or apply filters to the download as this affects the artistic integrity of the work. It does grant you non-exclusive, non transferable license to use the image for personal, non commercial purposes (e.g. social media sharing, personal prints, archiving). When sharing images on social media platforms (e.g. including but not limited to Instagram, Facebook, etc.) you agree to provide credit to Petals to Peaks Photography. Unauthorized use may result in legal action.
Limitation of liability: To the fullest extent permitted by law, Petals to Peaks Photography's total liability for any claims arising from your purchase is limited to the amount you paid for the product or service. We are not liable for any indirect, incidental, or consequential damages. While we take every precaution, we are not responsible for equipment fail
Security and hacking protections: You are responsible for maintaining the confidentiality of your gallery password and/or unique download link. You agree to notify us immediately if you suspect any unauthorized access to your gallery.
Indemnification: You agree to indemnify, defend and hold harmless Petals to Peaks Photography from claims, damages and expenses arising from misuse of purchased product; your violation of this agreement; your violation of third-party rights; any infringement caused by your actions; any unauthorized access to our system, galleries or data resulting from your failure to maintain the security of you account credentials or the introduction of any malicious code, viruses or malware through your use of our digital services.
Force Majeure: We are not liable for failure of delay for events beyond our control, including but not limited to natural disasters, supply chain disruptions, labor disputes, platform outages, shipping carrier issues.
Privacy: Your data is handled in accordance with our Privacy Policy and Pixieset's Privacy Policy.
Governing Law: This agreement shall be governed by and construed under the laws of the State of Texas without regard to conflict or law principles.
Dispute resolution: Any dispute shall be resolved good-faith negotiations first. Binding arbitration in Brazos County Texas unless otherwise required by law. You waive the right to participate in a class action lawsuit.
Modifications: We reserve the right to update these Terms of Service at any time. Continued use of our services constitutes acceptance of revised terms.
Contact Information: For questions or concerns, contact us at petalstopeaks@yahoo.com.
By completing a purchase through Pixieset store, you acknowledge that you have read, understood and agreed to these Terms of Service.
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