Terms of Service

OVERVIEW

Welcome to Antonio Crutchley Fine Art Photography! The terms "we", "us" and "our" refer to Antonio Crutchley Fine Art Photography. Antonio Crutchley Fine Art Photography operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Antonio Crutchley Fine Art Photography is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our fine art photography prints and other products in our online store. However, colors, tones, brightness, contrast, and other aspects of a photograph may appear differently on different screens due to variations in devices, displays, settings, and viewing conditions. These differences do not necessarily indicate a defect in the physical print.

Fine art prints are made to order. Because each print is individually produced, minor variations inherent in the printing and production process may occur.

Product photographs, framed presentations, and interior mock-ups are provided to help illustrate the artwork and its presentation. Interior images are for visualization purposes, and the apparent scale of artwork, furnishings, frames, and surrounding objects should not be relied upon as exact measurements. Please refer to the product specifications and selected print size for actual dimensions.

All product descriptions and specifications are subject to change without notice where appropriate. We reserve the right to discontinue a product or limit the quantities available to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Antonio Crutchley Fine Art Photography reserves the right to accept or decline an order where reasonably necessary, including in cases of suspected fraud, payment issues, pricing or product errors, or inability to fulfill the order. Your order is not accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it, including the artwork, print size, quantity, billing information, and shipping address. Because our fine art prints are made to order and may enter production shortly after an order is placed, we may be unable to accommodate changes or cancellation requests once an order has been accepted.

If we are unable to accept or fulfill an order, or if a change to an order is necessary, we will attempt to contact you using the email address, billing information, or telephone number provided with the order.

Returns, replacements, refunds, damaged items, and production defects are handled in accordance with our Return and Refund Policy.

Products purchased through our store are intended for personal use and may not be reproduced, resold as reproductions, or commercially exploited without our prior written permission.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered through other channels operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All fine art prints are made to order and fulfilled by our professional print partner. Production and delivery times are estimates only and are not guaranteed.

Shipping times vary by destination, carrier, customs processing, and other circumstances outside our reasonable control. We are not responsible for delays caused by shipping carriers, customs authorities, weather, or other events outside our control.

Available shipping methods, destinations, and charges are presented at checkout. International shipments may be subject to customs duties, import taxes, or other charges imposed by the destination country.

If your order arrives damaged, defective, or with a production issue, please contact us in accordance with our Return and Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

All photographs, artwork, images, text, graphics, logos, videos, and other original content displayed through the Services are owned by Antonio Crutchley Fine Art Photography, Antonio Crutchley, or their respective licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

Unless otherwise expressly stated, all photographic artwork by Antonio Crutchley is © Antonio Crutchley. All rights are reserved.

Purchasing a fine art print grants ownership of the physical print only. It does not transfer copyright or grant any right to reproduce, copy, scan, photograph for reproduction, distribute, publish, license, create derivative works from, sell reproductions of, or otherwise commercially exploit the artwork without prior written permission.

The Services and their content are provided for your personal, non-commercial use. You may not reproduce, distribute, modify, republish, download, store, transmit, publicly display, or otherwise use protected material from the Services except as permitted by applicable law or with our prior written consent.

The Antonio Crutchley Fine Art Photography name, branding, logos, product names, designs, and other brand identifiers may not be used without prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other trademarks appearing through the Services belong to their respective owners.

Except as expressly provided in these Terms, nothing in the Services or these Terms grants any license or other intellectual property right to you. All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Antonio Crutchley Fine Art Photography is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Antonio Crutchley Fine Art Photography.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Antonio Crutchley Fine Art Photography, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Antonio Crutchley Fine Art Photography.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and other service providers, including providers located in countries other than where you reside, as described in our Privacy Policy.

By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to the Feedback, that you have disclosed any compensation or incentives received in connection with your submission, and that your Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or in violation of any party's intellectual property or these Terms.

You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful or malicious purpose; to violate applicable laws or regulations; to infringe our intellectual property rights or those of others; to transmit false or misleading information; to distribute spam or other unauthorized solicitations; to impersonate another person or entity; or to engage in conduct that interferes with or harms the Services, Antonio Crutchley Fine Art Photography, Shopify, or other users.

You may not upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorization; collect or track the personal information of others; scrape or systematically extract content or data; circumvent security or access controls; or otherwise interfere with the proper operation of the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an autonomous or semi-autonomous software agent ("Agent") to access, use, or interact with the Services.

Agents may not conceal or misrepresent their automated nature, circumvent measures designed to control automated access, bypass CAPTCHAs or other security measures, or otherwise interact with the Services in a manner prohibited by these Terms or our technical controls.

We may limit or prohibit whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by applicable law. You will remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination, including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY ANTONIO CRUTCHLEY FINE ART PHOTOGRAPHY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANTONIO CRUTCHLEY FINE ART PHOTOGRAPHY AND ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Antonio Crutchley Fine Art Photography, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys' fees arising from your breach of these Terms, violation of applicable law or the rights of a third party, or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and us governing your use of the Services and supersede prior or contemporaneous agreements, communications and proposals concerning the Services.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent, and any unauthorized attempt to do so will be void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable laws of the State of Florida and the United States, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes arising from these Terms or the Services shall be subject to the jurisdiction of the appropriate state or federal courts located in Florida.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting updates and changes to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Antonio Crutchley Fine Art Photography
Email: antonio@antoniocrutchley.com

Additional business contact information is available through our Contact Information policy.