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.