TERMS AND CONDITIONS OF SALE


RETURNS & REFUNDS


If you are not completely satisfied with the quality of the product you purchase from Photography By Tina D you may return it within 7 days of the receiving date, for a full refund for the price of the product. All expenses associated with returns are the responsibility of the customer. If you have made the wrong choice or have changed your mind, please contact Photography By Tina D to negotiate a satisfactory solution. We'll do our best to come to an agreeable resolution but wish to note that all our products are hand made and custom so, unlike shoes or t-shirts, returns usually end up discarded and not resold.


We do our best to match the colours of our frames, mats and other products on our site to their real life counterparts. Whilst we use calibrated devices and monitors, not all home devices and computers will be calibrated to the correct colours. Thus we cannot be held responsible for minor variations in colours when compared to your device. If there are major variations or issues please send through a picture and we'll assess it in further detail.


DAMAGED GOODS

Naturally, when shipping fragile items there is always a chance of damage in transit. If you do receive any items you believed to have been damaged in transit, please get in touch with Photography By Tina D as soon as possible. We'll do our best to rectify any issues you may have.


Our priority is to keep you happy and hanging beautiful frames and art on your walls. If it means a refund, exchange, credit or repairs are needed as a result of damage in transit, we will be happy to help out.


Your satisfaction is important to us, if you run into any problems at all with our products or transit, please let us know and we'll always work something out.


COLOUR VARIATIONS


Certain materials (such as frames, backing boards and mat boards) may vary in colour over time based on environmental factors when displayed and changes in our suppliers material manufacturing processes/sourcing. Based on these reasons we cannot guarantee that the colours of products ordered at different times will be identical. If you would like to confirm this with us or if you face an issue please contact us to discuss.


Please note that raw and stained timber products have variations within the same batches. It is part of the appeal to having a natural product, but we must note that the these materials will always have colour and grain variations.


DIGITAL IMAGE LICENSE


All images and designs used on this website are the property of Photography By Tina D or of the copyright of external photographers from which Photography By Tina D has approved authorisation to use. You must not use, reproduce, modify or distribute images or content from this website in any form without written authorisation from Photography By Tina D. The customer undertakes that all text and images delivered to Photography By Tina D for inclusion in the artwork will not infringe any copyright, trademark, registered design or other proprietary right of any third party and shall not be defamatory or otherwise render Photography By Tina D open to legal action. Should Photography By Tina D suffer any financial loss as a result of action taken against us by a third party who has had their rights infringed or has been defamed, the customer is liable to reimburse the amount of such loss to Photography By Tina D.

 

TERMS AND CONDITIONS:


Acceptance of a photo shoot is acceptance of these terms and conditions:


MODEL RELEASE


I grant to, Photography By Tina D, the right to take photographs of myself, my children and my property as deemed fit by the Photographer. I authorise the Photographer to copyright, use and publish the same in print and/or electronically. I agree that the Photographer may use such photographs for any lawful purpose; including for example such purposes as publicity, illustration, advertising, competitions and web content unless otherwise noted.


DEPOSIT & PAYMENT



Upon approval of quote and signing of terms and conditions a non-refundable 10% deposit is required. The Photographer will reserve the time and date agreed upon by both parties. Prices are non-negotiable. Payment can be made via bank e-transfer. Payment of final invoice for photography services by Photography By Tina D, must be paid in full no later than seven (7) days

after dispatch of invoice as per contract terms and conditions. Payment can be paid by bank e-transfer. A receipt will be sent via email after payment has been received.


DELIVERY OF IMAGES


Images will be delivered within 2 weeks of session date unless otherwise communicated and agreed. Prints can take up to 4-6 weeks to be delivered depending on the quantity and sizes.


SESSION OVERTIME


A non-negotiable and non-refundable session overtime fee of $100 per 30 minutes of overtime will be charged to final invoice if and/or when required.


REFUNDS



No refunds will be given for dissatisfaction with your images. There are no refunds or exchanges on any digital products. If you are unhappy with your final images i will work with you to negotiate a reasonable solution.


COPYRIGHT & REPRODUCTION


The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio use, competitions, sample products, editorial submissions and use, or for display within or on the Photographer’s website, Facebook or social media channels. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. The Photographer will not release the RAW unedited images to any client.


CLIENT USAGE


The Client shall only use the images, including digital files, in accordance with the permissions within this agreement. The Client’s images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorise any reproductions by parties other than the Photographer.


SOCIAL MEDIA


The Client may share Facebook albums and gallery links through use of “share” functions on social media sites or by using direct links provided by the Photographer. Any images shared from the shoot must clearly credit the photographer. Word of mouth referrals are incredibly powerful for my business. I would love for you to credit me by a comment or a tag when sharing your images in your social media.


WEATHER & ILLNESS


In the event of bad weather conditions or illness the Photographer and Client will discuss and agree how best to proceed and if necessary, reschedule the date.


CANCELLATION


If client requests to reschedule, or cancel, please give the Photographer 1 weeks notice. I am always happy to reschedule for sickness or if the weather does not allow us the shoot we are aiming for.


LIMITATION OF LIABILITY


The Photographer’s entire liability to the Client, above named models, or other companions for claim, loss, or injury arising from the Photographer’s performance or negligence is limited to a refund to the Client in the amount paid for services. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon there will be no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The Photographer reserves the right to cancel this contract for any reason.


DELIVERY OF FILES, BACK UP & STORAGE


Your images will be delivered in an online personalised gallery. Through this gallery you can download your images to easily share with family and friends. The Client is responsible for downloading all the selected images from the gallery and keeping the images locally on their own back up system within 30 days of the gallery delivery. You will also be able to use a “favourite” tool to select your images for printing. It is the Client’s responsibility to keep copies of any digital files in more than one location, and frequently back the images up on another format such as a hard drive. After the images have been delivered to the Client, the Photographer assumes no responsibility for maintaining said images or keeping backup copies.


CREATIVE LICENSE


Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Photographer’s artistic standards. It is prohibited for the Client or any other parties to make further creative edits to the photographs once the images have been delivered. GIFT VOUCHERS Gift vouchers are valid for 12 months. After this time gift vouchers will not be available for use. If you are unable to schedule your photoshoot within the valid time, please contact the Photographer. Vouchers cannot be redeemed for cash.

 

Photography By Tina D

ABN: 72215854898

SYDNEY, NORTHERN BEACHES, NSW

E: HELLO@PHOTOGRAPHYBYTINAD.COM.AU M: 0400 400 375