Terms of Service

These terms of service (the "Terms of Service") govern the use of www.PhotosByCM.com (the "Site"). This Site is owned and operated by Photography by Courtney Mitchell. This Site is a business portfolio.

By using this Site, you indicate that you have read and understand these Terms of Service and agree to abide by them at all times.

Intellectual Property.

All content published and made available on our Site is the property of Photography by Courtney Mitchell and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Sale of Goods And Services

These Terms of Service govern the sale of goods and services available on our Site.

The following goods are available on our Site:

  • Prints

  • Gift Cards

  • Gift Vouchers

The following services are available on our Site:

  • Photography

The services will be paid for in full when the service begins.

These Terms of Service apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

  • Credit Card

  • Debit

  • E-transfer

  • Cash

  • Cheque

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms of Service, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery.

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

  • Pick Up Only

  • Mail (upon request)

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will not be charged for the delivery of the goods you purchase on our Site.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refunds for Goods

Refund requests must be made within 30 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

  • Good does not meet the purchaser's expectations

Refunds do not apply to the following goods:

  • Digital Images

  • Speciality Prints

Refunds for Services

All services sold on our Site are non-refundable.

Returns

Returns must be made in person. Contact Photography by Courtney Mitchell for drop off location.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability.

Photography by Courtney Mitchell and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Photography by Courtney Mitchell and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms of Service.

Applicable Law

These Terms of Service are governed by the laws of the Province of Ontario.

Additional Terms

Severability

If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.

Changes

These Terms of Service may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms of Service or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(519) 328-4912

Memories@PhotosByCM.com

133 Alice Street, Sarnia ON, N7T 3V2

You can also contact us through the feedback form available on our Site.

Effective Date: 1st day of March, 2022