Ernest Brown Photography Terms & Conditions
Terms and Conditions of Sale
The following terms and conditions govern the sale of products
by this vendor. By submitting your on-line order, you have
indicated your acceptance to be bound by these terms and conditions
of sale. These terms and conditions may be changed without prior
notice at any time before your order is accepted.
Payment Terms
Once an order is placed by credit card, the credit card account
will be verified at the time the order is placed. Should a
credit card be declined, the order will not be processed. Orders
are processed ONLY upon receipt of payment.
Payment Shipping and Handling Charges and Taxes
The purchaser is responsible for any taxes or tariffs associated
with your purchase.
Prices
Prices shown on the site do not include shipping and handling.
All prices are denoted in Canadian dollars. The price charged
for an order will be the price in effect at the time the order is
made.
Shipping & Delivery
When products are shipped to the purchaser by common carrier,
the event holder's liability to the purchaser for breakage and/or
non-delivery of the products by the common carrier will be limited
by the limits of liability provided by the common carrier's terms
and conditions of carriage.
Warranty
Due to the nature of this purchase, no warranty is
implied.
Refunds
No refunds or returns are accepted, unless otherwise
determined at the vendor's discretion.
Interpretation
These terms and conditions shall be interpreted under and
governed by the federal laws of Canada, without giving effect to
conflicts of law rules. Headings used in these Terms and Conditions
are for convenience of reference only and are not intended to be
part of, or to affect the meaning or interpretation of, these Terms
and Conditions.
Arbitration
All dispute, controversy, or claim against this event holder
arising out of or relating to these Terms and Conditions, their
interpretation, or the breach, termination or validity thereof, or
any related purchase shall be resolved exclusively and finally by
arbitration administered by the Better Business Bureau (BBB).
The arbitration will be conducted before a single arbitrator,
and will be limited solely to the dispute or controversy between
you and the vendor. The arbitration shall be held in any mutually
agreed upon location in person, by telephone, or online. Any
decision rendered in such arbitration proceedings will be final and
binding on each of the parties, and judgment may be entered thereon
in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary,
consequential, punitive, incidental or indirect damages, or
attorney's fees and each party irrevocably waives any such right to
recover such damages. The parties will share the costs of the
arbitration, (including the arbitrator's fees, if any) in the
proportion that the final award bears to the amount of the initial
claim.
No Modification
Any additional or altered terms attached or adhering to an order
shall be null and void and without effect, unless agreed to in
writing by the vendor.
Severability
If any provision of these terms and conditions is held to be
illegal, invalid or un-enforceable, in whole or in part, the
legality, validity and enforceability of the remaining provisions
shall not be affected or impaired.
General
If there is any inconsistency between this agreement and other
agreement included with or relating to products purchased from this
vendor, this agreement shall take precedence.