Terms And Conditions

In General

Brian Gaschler Photography (located at “https://www.briangaschler.com” – herein referred to as the “Website”), owns and operates the Website. This document governs your relationship with the Website. Access to and use of the Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using these Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found on this Website at the following location: “Privacy Policy” By using this Website, you consent to the processes described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. Your use implies agreement that you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and this Website will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.

Intellectual Property and Content

The intellectual property rights (including all photographic images and blog content) made available to you on or through this Website remains the property of Brian Gaschler, Brian Gaschler Photography, and the Website, and are protected by copyright laws and treaties around the world. All such rights are reserved by the Website and Brian Gaschler Photography. You are neither permitted to obtain, publish, manipulate, distribute or otherwise reproduce in any format, any of the videos or images or copies of the images supplied to you or which appears on this Website, nor may you use any such videos or images in connection with any business or commercial enterprise. Violations to the copyright infringement of Brian Gaschler Photography and the Website will be pursued to the full extent of the law.

Terms of Sale

By placing an order with the Website, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability, as well as confirmation of the order and order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.

In order to contract with Brian Gaschler Photography or the Website, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Website retains the right to refuse any request made by you. When placing an order with the Website, you undertake that all details you provide to us are true and accurate; that you are an authorized user of the credit or debit card used to place your order; and that there are sufficient funds to cover the cost of the goods. All transactions are processed in United States Dollars (USD) and include US sales tax (where applicable). We reserve the right to update the price of all prints and products from time to time. As a rule, prints which are Limited Editions are updated once ten percent (10%) of an edition is sold.

Our Contract

When you place an order with the Website, you will receive an acknowledgement email confirming receipt of your order; however, this email will only be an acknowledgement that an order was requested and will not constitute acceptance of your order. A contract between yourself and the Website will not be formed until we send you confirmation by email that the goods/products/services/prints which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

Print Continuity, Pricing & Availability

While we try to ensure that all details, descriptions and prices which appear on this Website are accurate, due to the limitations of some computer monitors, there may be differences in the colors you see on your monitor vis-a-vis the colors relresented in the finished print. All images on this Website should only be viewed as a representation of the finished product. Delivery costs for prints are generally included in the cost of the print. There may be instances where we reserve the right to inform you ahead of payment that additional delivery or handling charges may apply to your purchase, at which time you can agree to such modified terms and your order will be processed. Such additional charges will be clearly displayed where applicable, generally in your confirmation email. We will never charge your account until you agree to any changes made due to shipping and/or handling.

Payment

Stripe is our payment provider. Please see their website for all terms and conditions and privacy policies at: https://stripe.com/us/privacy

Linking to this Website

You may link to this Website in general, to our home page, or to any other pages directly affiliated with and owned as part of the Website, provided you do so in a way that is fair, legal and which does not damage our reputation or take advantage of it. You agree not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Variation

This Website shall have the right in its absolute discretion to, at any time and without notice: amend, remove or vary the Services and/or any page of this Website.

Complaints

We operate a complaints-handling procedure which we will use to attempt to resolve disputes when they first arise. Please let us know if you have any complaints or comments. We can be reached directly at: Inquiries@BrianGaschler.com

Waiver

If you breach these conditions and we take no immediate action, we are entitled to use our rights and pursue lawful remedies or legal recourse at any later date, and in any other situation where you breach the Terms of Service outlined here.

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