TERMS AND CONDITIONS
Last updated: April 11, 2020
Please read these terms and conditions carefully before using Our Website.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Miami Dress Photo LLC, 10752 SE Highway 212 W468 Clackamas, OR 97015, USA.
Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Goods or Services.
Goods refer to the vouchers and certificates offered for sale on the Website.
Orders mean a request by You to purchase Goods or Services from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Website. Service refers to the photoshoot.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Goods and Services.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
Website refers to Miami Dress Photo, accessible from https://miamidressphoto.com/
You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Goods and Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Goods and Services.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Goods and Services.
Placing Orders for Goods
By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods or Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
The Terms of Finished Material Delivery
You agree that The Company needs time to complete the post-production of the material to deliver it to you in good quality. The Company does its best to make the post-production on a high level, but you should understand that selecting and processing of the images and video takes a lot of time. Also, during the “high season” (from May to October) the Company has a lot of shootings and processes the material for each client one by one due to the date when the pictures for editing were selected by you. Therefore, the Company assigns the following terms of finished material delivery: 30 calendar days since the date when the photos were chosen by you for editing. However, You will receive all photos for choice (in web quality) within the first 10-14 days after the shooting day. These terms are the maximal time that may be needed by the Company and if the material will be ready earlier the Company will send it to You as soon as possible. But if You need a guarantee to receive the material in shorter terms an additional fee should be paid, the amount of which you can specify with the Company.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Date availability
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods or Services you purchase can only be returned accordingly to these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
When paying with cards, cash refunds are not allowed. The return procedure is governed by the rules of international payment systems.
To return funds for operations with errors, You must apply with a written statement and attach a copy of your passport and receipts confirming the erroneous write-off. This statement must be sent to the info@miamidressphoto.com email.
The refund amount will be equal to the amount of the purchase. The term for consideration of the Application and the refund starts to be calculated from the moment the Company receives the Application and is calculated in business days excluding holidays/weekends.
Service Cancelation
If you decide to cancel the photoshoot, makeup, or hair services for whatever reason less than 60 days before the confirmed photoshoot date, the booking fee is non-refundable. It will be considered as liquidated damages to the Company. However, you have the option to reschedule the services by providing a notice of at least 7 days to the Company. In the event of a reschedule, your deposit will be applied to the new booking date. The Company and You shall work together in good faith to select a new date for the services.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Website. The Goods available may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time before accepting an Order.
The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments. Rules, security and information confidentiality
All Goods and Services purchased are subject to a one-time payment. Payment by credit cards is carried out through Revolut or Stripe.
Internet payment can be made through various payment methods, such as Visa, MasterCard or PayPal payment system. Payment is performed according to the Rules of the international payment systems on the principles of confidentiality and security of payment, which uses the most modern methods of verification, encryption and data transfer through closed communication channels. Bank card data entry is conducted on the secure payment page of Revolut or Stripe.
On the page for entering bank card data, You will need to enter the following data: card number, cardholder name, expiry date, three-digit security code (CVV2 for VISA, CVC2 for MasterCard, Additional Identification Code for MIR). All necessary data is printed on the card itself. A three- digit security code is a three-digit number that is placed on the back of the card.
Payment cards are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Provided personal information (name, address, phone, e-mail, bank card number) is confidential and not liable to disclosure. Your credit card information is transmitted, using secure encryption technology and is not stored on our Web server.
Promotions
Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Company and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Company is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such an assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub- license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Goods and Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Goods or Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Goods or Services, You agree to first try to resolve the dispute informally by contacting the Company.
For The European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country which you are resident in.
The United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 days' notice before any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website, Goods and Services.
Contacts
Miami Dress Photo LLC
SE Highway 212 W468 Clackamas, OR 97015, USA
If you have any questions about these Terms and Conditions, You can contact us by email at info@miamidressphoto.com