Terms of Service

General

 

Picturelyspokenis a sole proprietorship registered in The Netherlands.
KVK# 56248512 at the address Forel 12, 1261PK BLARICUM, Tel. 0031 (0)629080634. The website resides at 
www.picturelyspoken.com

By browsing, using and placing an order on my website, you accept the terms below. Terms may be updated at any time.

 

Use of the site

 

The content of and copyright of the site is owned by Picturelyspoken.You are permitted to view individual pages for your own personal use. You are not permitted to print pages or images. Any other use must be with our prior written permission.

 

Sales Policy Agreement

 

By placing an order with Picturelyspoken, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order with Picturelyspoken, a customer has agreed to the total amount of the sale and authorized Picturelyspoken to collect payment via the payment method the customer specified. Picturelyspoken reserves the right to make changes to this site and these terms and conditions at any time.

 

Picturelyspoken facilitates your purchase of photos, prints, canvases, albums and/or other products through its relationship with the photography studio's vendors. If you purchase photos, prints, canvases, albums and/or other products through the Picturelyspoken online store, you acknowledge that the printing of any photography related product is performed by such vendors and the photography studio's role is to assist, facilitate and support such order process pursuant to these terms of sale.

 

Copyrights and Trademarks

 

All materials appearing on www.picturelyspoken.com are the property of Picturelyspoken. Materials protected by this copyright include any and all images and any and all text (including logos and other graphics); and any and all design elements of the website.

Unauthorized use of the materials appearing on picturelyspoken.com may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Picturelyspoken. The “Picturelyspoken” logo is a trademark of Picturelyspoken, as are all custom graphics, icons, and logos found on www.picturelyspoken.com.

 

Digital image licensing

 

Photo downloads may be included as part of the initial service contract or purchased from the Picturelyspoken online store. Picturelyspoken grants buyer a non-exclusive, non-transferable perpetual personal-use license to download and copy the accompanying image(s) subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use of the media. Title and ownership, and all rights now and in the future, of and for the media remain exclusively with the photography studio. There are no warranties, express or implied. The media are provided 'as is.'

 

Neither Picturelyspoken or Picturelyspoken’s vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the media.

 

What you can do:

 

Personal, non-commercial use of the media includes:

  • Display on personal websites and computers.
  • Making image prints for personal use.

 

You may not however:

  • Resell, relicense, sub-license, redistribute without express written permission from the photography studio.
  • Use the media in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
  • Use the media in advertising.
  • Use the media in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
  • Incorporate the media into trademarks, logos, or service marks.
  • Make available for download.

 

Picturelyspoken retains all rights, license, copyright, title and ownership of the media.

 

Photo Downloads; Shipping Terms and Policies

 

If you purchase Photo Download or it was included in your contract, such download will be made available to you through the Services upon the photography studio's receipt of your valid Payment Information.

 

If you purchase Photo prints, Canvases, Albums or other physical medium Products, the photography studio will use its commercially reasonable efforts (and the photography studio's Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Picturelyspoken is not responsible for any delays in shipping.

 

All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. 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, the photography studio will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

 

Return Policy

 

Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Picturelyspoken are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 10 day return for replacement period, unless otherwise noted. All returns for replacement must follow the conditions below: All products must be returned complete. Picturelyspoken will not accept items that have been intentionally physically damaged or abused. All returns must be shipped freight prepaid. All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all cases. Please allow 2-3 weeks for all replacement orders. Claim for missing products must be reported within 10 days from the date item is shipped.

 

Unauthorized Returns

 

Shipments that are refused without authorization, or that are returned to me because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.

 

Typographical and Photographical Errors

 

Picturelyspoken attempts to be as accurate as possible in pricing, as well as typographical and photographical depictions of products for sale; however, Picturelyspoken cannot guarantee that product descriptions/specifications, pricing or any other content is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, Picturelyspoken shall have the right to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.

 

While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.

 

Order Acceptance Policy

 

Your submission of an order and/or receipt of an order confirmation automated or otherwise does not signify my acceptance of such order. Picturelyspoken reserves the right to cancel any order that I deem necessary, at my sole discretion, regardless of the order status or whether you have received a confirmation of the order. I reserve the right to require additional information from you before accepting or processing any order.

 

Product Availability and Pricing

 

Picturelyspokenor its Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

 

Disclaimer and Limitation of Liability

 

Picturelyspoken makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site or third-party storefront. Picturelyspokenexpressly disclaims all warranties, express or implied, of any kind with respect to products, including but not limited to, merchantability and fitness for a particular purpose.

 

You agree that the sole and exclusive maximum liability to Picturelyspoken arising from any product sold on this website shall be the price of the product ordered. In no event shall Picturelyspoken,its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Picturelyspoken, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of www.picturelyspoken.com. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

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