Terms of Sale

Listed here are applicable to the purchasing of any written services, images, prints, canvases, imaging services, Media and/or other Product(s) available through Destiny Perez Doula and Photography’s online store. 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 Destiny Perez Doula and 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.

Destiny Perez Doula and 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 Destiny Perez Doula and 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 Destiny Perez Doula and Photography’s online store requires that the customer provide valid Payment Information as required by the online store. Destiny Perez Doula and Photography’s 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 Destiny Perez Doula and Photography’s written request.

The TERMS OF SALE requires the customer agrees to financially reimburse Destiny Perez Doula and Photography’s for all costs incurred during the collecting of amounts owed by the customer to either Destiny Perez Doula and Photography’s 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 Destiny Perez Doula and Photography’s 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). Destiny Perez Doula and Photography’s reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions Destiny Perez Photography’s 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 Destiny Perez Photography’’s 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.

If any physical Media and/or Product(s) are purchased Destiny Perez Photography’s 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 Destiny Perez Photography’’s reliable for any delays in shipping.

Destiny Perez Photography’s 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, Destiny Perez Photography’’s will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.

PRODUCT DESCRIPTIONS, PRICING & ERRORS

Destiny Perez Photography’s 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, Destiny Perez Photography’s encourages the customer to report such issues to Customer Service at destinyperezdoula@gmail.com.

Destiny Perez 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 Destiny Perez Photography cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

Destiny Perez 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.

In the event of any error, Destiny Perez 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.

Digital Imaging

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Destiny Perez Photography. Destiny Perez 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 Destiny Perez 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 Destiny Perez 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 Destiny Perez Photography and the customer. Please contact destinysb91@gmail.com 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.

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 Destiny Perez 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 an 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 Destiny Perez 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.