TERMS & CONDITIONS
1 Contract
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Agreement between Customer and Treasured Image Studio (hereafter Treasured Image).
www.treasuredimage.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use www.treasuredimage.com constitutes your agreement to all such Terms at the time your order is submitted.
The customer places an order with Treasured Image for the design and production of a hard copy photobook and album based on digital photos submitted in the form of electronic files via the Internet or Third Party. Treasured Image will quickly confirm the receipt of the order by E-mail and manufacture and deliver the product(s) based on order confirmation and approved images by a customer.
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2 Electronic Communications
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Visiting www.treasuredimage.com or sending emails to Treasured Image constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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3 Your Account
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If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Treasured Image is not responsible for the third party access to your account that results from theft or misappropriation of your account. Treasured Image and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole
discretion.
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4 Pricing
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Pricing of goods is based on pricing published on our website at www.treasuredimage.com at the time when the order is placed. The price consists of non-refundable fee of $100 for album order value less than $300 and $250 for album order value greater than $300. Please see our website for current prices.
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5 Cancellation/ Refund Policy
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Although we strive for 100% Customer Satisfaction if you are not satisfied with your design service or album you may cancel your order, withdrawing from the contract via email, within five days after an order has been placed. Depending on the value of the order the deposit of $100/$250 will be forfeited if the order is canceled by the customer within the five day period. Any cancellations made after five days of services or post-approval will not qualify for a refund, and all sales are final. However, if the customer is dissatisfied with the physical album when the product is received contact info@treasuredimage.com and goods may be returned and re-printed / bound at our cost and our risk. Treasured Image has the right to refund 100% of the purchase at any time if it feels the customer is dissatisfied after several product revisions have been made during the proofing process.
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6 Third Party Sites/Third Party Services
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Our website www.treasuredimage.com may contain links or embedded coding to other websites ("Linked Sites"). The Linked Sites are not under the control of Treasured Image, and Treasured Image is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Treasured Image is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Treasured Image of the site or any association with its operators.
By placing an order with Treasured Image, you at this moment acknowledge and consent that Treasured Image may share your data and photos with a third party subcontractor with whom Treasured Image has a contractual relationship if necessary to complete customers in full or partial.
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7 Delivery
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Unless otherwise agreed between the customer and Treasured Image, the shipment is typically made on average within 25 working days after approval of the layout design. This is merely an estimate which cannot be guaranteed. The requested product will be delivered to the postal address indicated by the customer.
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8 Payment
Full payment has to be made via all the payment methods provided before the design process.
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9 Retention of Title/Ownership
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Treasured Image retains title and ownership to all goods related to order until all payments related to such order are received in full.
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10 Warranty
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The goods are defective if they do not comply with the technical standards of digital photo printing. In case of a justified complaint, the client may look at its discretion elect removal of the defect (repair) or delivery of defect-free goods (new delivery). However, Treasured Image is entitled to reject the election made by the customer, if the requested method causes unreasonable cost and if another method of removing the defect will not result in significant disadvantages to the customer. If curing the defect is not possible or if a repair fails twice, the customer may withdraw from the contract or may demand a price reduction. In case of withdrawal, the customer is obliged to return the goods.
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11 Limitation of Liability
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Treasured Image may be held liable for damages or defects of the goods until delivery to the customer in accordance with the following provisions. Treasured Image shall not be liable for indirect or consequential damages, such as lost profits or other financial damages of the customer. Liability for damage to or loss of electronic files stored on data storage devices caused by Treasured Image or its Sub-Contractors, or while being transmitted via electronic data transmission or networks, is excluded. Treasured Image may only be held liable for product specifications if it has explicitly guaranteed such specifications in writing or on its Internet website. To the extent the liability of Treasured Image is excluded or limited, such exclusion or limitation also applies with respect to the personal liability of its employees, representatives, and Sub-Contractors. The described limitations of liability do not apply in case of gross negligence or willful misconduct on the part of Treasured Image or its Sub-Agents, or in case of personal injury. To the extent, Treasured Image violates a material contractual obligation applies, the liability for property damage shall be limited to the typically foreseeable damages. Material contractual obligations are generally all material duties the fulfillment of which (i) is necessary in order to properly implement the contract and (ii) may typically be relied upon by the other party.
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12 Copyrights, Criminal Law
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The customer is responsible for the content of the transmitted files. By transmitting the files to Treasured Image, the customer confirms, represents and warrants that he/she has all copy-, trademark- and all other intellectual property rights to such files and their content that are necessary for Treasured Image to process the order. The customer is responsible for any consequences resulting from a violation of these rights. Should any third party bring a claim against Treasured Image based on a violation of its intellectual property rights to the transmitted files or their content, the client shall indemnify and hold harmless Treasured Image from all such claims, damages, and costs (including attorneys’ fees) arising in connection therewith. Treasured Image will promptly inform the customer of any such third party claims. By placing his/her order, the customer represents and warrants that the content of the transmitted files do not violate any criminal laws. Should Treasured Image notice a breach of this representation and warranty, it will promptly inform the competent criminal authorities. Treasured Image holds the rights to all designed digital layouts produced and submitted to the customer. Only digital layouts may be used in marketing material to reflect competency of our services; but in no way will these images or layouts be sold for a profit. For the privacy of all individuals in those photos/images, no names will be shown in conjunction with those photos/layouts. When photos/images are submitted directly to Treasured Image by a photographer/studio, and if Treasured Image chooses to use those digital layouts for marketing purposes, credit will be given to that photographer/studio via watermark logo.
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13 Changes to Terms
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Treasured Image reserves the right, in its sole discretion, to change the Terms under which www.treasuredimage.com is offered. The most current version of the Terms will supersede all previous versions. Treasured Image encourages you to periodically review the Terms to stay informed of our updates.
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Treasured Image, Durham, North Carolina 27703
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