TERMS AND CONDITIONS OF SALE
The following terms and conditions (these “Terms”) apply to your purchase of products and services (each, a “Product”) from Everly Collective, LLC. (“Company”) through this website (this “Website”) found at everlycollecive.com. For purposes of clarification, these Terms specifically apply to purchases of Products on this Website and supersede any other terms and conditions of sale applicable to other products sold by the Company on any other website. Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These Terms must be read with the Photography License [https://www.everlycollective.com/photography-license] (“License”) that applies to every Product purchase (photographs, videos, prints, or other works) on this Website. By using this Website, you are also subject to the License.
By using this Website to purchase Products on this Company’s online store, you agree to these Terms. If you do not agree to these Terms, you may not use this Website, nor purchase Product through this Website.
These Terms are subject to modification by Company without prior written notice at any time, in Company’s sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to Company.
SECTION 1. PRICE AND PAYMENT TERMS
Your purchase of Products (photographs, videos, prints, or other works) on this Website, grants you a non-exclusive, non-transferable, perpetual personal-use licence to download, use, modify the Products pursuant to the above-mentioned Licence [https://www.everlycollective.com/photography-license].
You may pay for the Products by using a credit card. All payments by credit card need to be authorized by the relevant card issuer.
The total price and all other related charges for Products will be set out in your purchase receipt. Prices offered or advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay. Company will also provide confirmation of your order to the email address you provided during your registration process.
All payment and credit terms are within Company’s sole discretion and will be as specified during your purchase process. Unless otherwise specified, payment must be made in full and received by Company prior to Company’s acceptance of an order for Products. Any price estimate or quotation provided by Company will only be valid for the period stated for the estimate or quotation.
Advertisements on this Website are invitations to you to make offers to purchase products and services and are not offers to sell. A properly-completed order on this Website by you constitutes only your offer to purchase the Products in your order, even if Company has processed payment for such offer. Your order will be accepted only if and when Company sends a shipping notice email to the email address you provided during your registration or order process. If Company does not accept your order in whole or in part, Company will refund any amounts paid by you to Company for the order or part of the order not accepted.
Any price offers or advertisements given by Company will be valid for the period stated on the offer or advertisement, except that Company reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement.
Unless you provide Company with a valid tax exemption certificate applicable to the Product shipping destination prior to acceptance of your order by Company, you are responsible for all goods and services and harmonized sales taxes, and all other taxes associated with the order, except taxes on Company’s net income. Separate charges for taxes will be shown on the order invoice.
SECTION 2. SHIPPING AND TITLE
Company will arrange delivery of the Products to your address (mailing or email address) using the process set out in your order, or otherwise any other carrier selected by Company. Orders for multiple Products may be delivered by mail or email separately.
Title and risk of loss to tangible Products passes to you upon delivery to the carrier. Unless expressly set out in your order, Company does not provide insurance on Products during delivery.
The costs of any shipping and handling will be shown on your purchase receipt.
Company will inform you of estimated shipment dates for tangible Products but is not liable for any delivery delays or failure to ship by the estimated due date, including without limitation as a result of events beyond
Company’s or its shippers’ reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.
SECTION 3. RETURNS AND EXCHANGES
Sale of all Products on this Website are final and non-refundable. There are no returns or exchanges available.
SECTION 4. PRODUCT CHANGES
Products may change or be discontinued at any time. Company strives to maintain accurate information in the online store on this Website and to eliminate any errors. However, Company does not warrant that Product descriptions, Product pricing, or Products themselves (photographs, prints, video or other works) are accurate, complete, reliable, current, error-free. In addition, all size dimensions are approximate. While Company makes reasonable efforts to accurately display all Product offerings, including applicable colour, brightness and/or audio, please note that the actual colour, brightness and/or audio you will see/hear for a photograph, print, video or other works depends on the settings of your computer screen and Company cannot guarantee that your computer will accurately display all Products (i.e. photographs, prints, video or other works) colour, brightness and/or audio.
Company or the Company’s vendor/supplier reserves the right to format, manipulate or otherwise modify Products (i.e. photographs, prints, video or other works) to satisfy a particular order.
In the event of an error in any service provided through the Company’s online store on this Website, in an order confirmation, in processing and order or otherwise, Company reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
SECTION 5. PERSONAL LICENCE: NON-COMMERCIAL
ABOVE-MENTIONED LICENSE [https://www.everlycollective.com/photography-license] FORMS PART OF THESE TERMS AND THE LICENSE APPLIES TO ALL PRODUCT PURCHASES ON THIS WEBSITE.
THIS LICENSE IS FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE ONLY (NOT FOR RESALE OR ANY OTHER COMMERCIAL USE OF ANY KIND), EXCEPT AS EXPRESSLY PROVIDED BY THE LICENSE.
See License [https://www.everlycollective.com/photography-license] for Restricted Uses, and Intellectual Property Rights.
SECTION 6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRODUCTS PRESENTED ON THE COMPANY’S ONLINE STORE AT THIS WEBSITE IS ON A “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF PRODUCTS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES WILL CREATE A REPRESENTATION, WARRANTY OR CONDITION.
THE ACCESS TO AND DOWNLOADING OF MATERIAL FROM THIS WEBSITE IS DONE AT YOUR OWN RISK. COMPANY MAKES REASONABLE EFFORTS TO ENSURE THAT THIS WEBSITE IS VIRUS-FREE, BUT SWSCD DOES NOT AT ANY TIME GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COSTS OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THIS WEBSITE OR THE SERVICES.
COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OR SUPPLY OF PRODUCTS, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OR SUPPLY OF THE PRODUCT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT PERMIT SOME OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS. THEREFORE, THE FOREGOING DISCLAIMERS EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 7. ENTIRE AGREEMENT
These Terms set forth the entire agreement of the parties with respect to its subject matter. These Terms may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Products that are subject to additional or altered terms and conditions will be null and void. These Terms may be changed by Company at any time, in its sole discretion without prior notice, with respect to any future sales or transactions with you.
SECTION 8. PRIVACY
SECTION 9. GOVERNING LAW, DISPUTES AND LANGUAGE
These Terms and the subject matter of these Terms and all related matters will be governed by the laws of the State of Illinois, USA and the laws of the United States of America applicable in Illinois. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the State of Illinois.
To the extent permitted by applicable law, unless Company agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Products, this Website and these Terms (each, a “Claim”) will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the state of Illinois on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or territories in which you reside on the date of the notice. The foregoing does not, however, preclude Company from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
These Terms have been drawn up in the English language at the express request of the parties.
SECTION 10. NOTICES
Except as explicitly stated otherwise, any notices will be given to Company by email to firstname.lastname@example.org and to you to the email address you provide to Company during the sale or registration process. Notice will be deemed given twenty-four (24) hours after the email is sent.
SECTION 11. GENERAL
The relationship between Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of this Website. The failure of Company to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible. This Website is not intended for use by children under the age of 13. Use of this Website is void where prohibited by applicable law.
SECTION 12. CUSTOMER SUPPORT AND INFORMATION
Please contact us by email at email@example.com for assistance with questions about your purchase, shipment, warranty service, and any exchanges, returns, cancellations or transfers, or to change your address or to inquire about orders, bills and invoices.
Effective as of September 25, 2021.