General
The following are the terms of Service of a legal agreement between you, the Client, and Shelley Harvey Photography. By accessing, viewing, browsing, or downloading any content from this site, you agree to be bound by these Terms of Service and confirm that you have read and understand all of the terms herein and that you will comply with all laws and regulations applicable to the use of this website and our services. If you do not agree to any of these terms, please do not use this website.
Shelley Harvey Photography may, without any notice, revise and update these Terms of Service and any other material presented within this website. We may also make changes to products, services, and pricing without notice. Shelley Harvey Photography reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If any part of this Agreement is found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other terms of this Agreement shall remain in full force and effect. If Shelley Harvey Photography chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of Shelley Harvey Photography’s rights with respect to such a breach or any subsequent breaches of this Agreement. This agreement shall be governed and construed in accordance with the laws of New Zealand. Any action or proceeding arising from this Agreement or your use of this website must be held in a New Zealand court.
Definitions
As used herein and throughout these Terms of Service (“Terms of Service”):
“Image(s)” means all visual representations furnished to Client by Shelley Harvey Photography, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under the New Zealand Copyright Act 1994.
Rights
© All copyright reserved and all moral rights asserted – Shelley Harvey Photography.
License Granted to You
- Digital Downloads
Where digital downloads have been provided, Shelley Harvey Photography grants you a non-exclusive license to use and reproduce these digital images for your own personal use only.
You may make personal digital copies of the images for storage or archival protection and retrieval.
You may share copies of the digital images with friends and relatives.
You may print copies of the digital images on to photographic paper only if doing so for personal use. - If you share these images on social networking or social media sites you are obliged under the New Zealand Copyright Act 1994 to ensure that any reproduction or sharing of the images attributes the image to Shelley Harvey Photography somewhere visible on the photo or on the information tab below each photo.
- License Limitations
You may not represent these images as your own.
You may not resell these images in whole or in part in any form, including digital or print form of any kind, including publishing in magazines and other publications, without prior permission from Shelley Harvey Photography. - Copyright in the Images
All copyright that arises out of these images shall arise not by commission but shall be the creation of Shelley Harvey Photography.
Shelley Harvey Photography shall remain the first owner of the images and you are supplied with the images for use on the basis of the terms of this Licence.
You shall have the right to seek further licences for reuse of any copyright at our normal prices at the time of the further request. - Moral Rights
Shelley Harvey Photography asserts their moral rights in respect of the images and any reference to the images shall be accompanied by full attribution to Shelley Harvey Photography.
Pricing
The prices for the products and services listed on this site are in New Zealand dollars and do not include GST or delivery charges unless stated.
We endeavour to ensure that all prices listed on this site are consistent with the prices offered at our other locations.
The prices advertised may not be the same price charged to your nominated credit card account due to exchange rate fluctuations. This means that because we are based in New Zealand we have to convert your purchase to New Zealand dollars at the exchange rate on the day it is processed.
Terms of Payment
- Credit Card Online
You can create an account on our secure server to submit your credit card details at the time your order is placed on the website or when you receive an invoice from us.
If you prefer, we can take your credit card details over the phone and enter them for you. We accept VISA and MasterCard. We will process payment for the goods (plus any delivery charges) using your nominated credit card immediately upon order submission. You authorise us to debit the order value amount from your nominated credit card. The merchant name that will appear on your credit card statement will be ‘SHELLEYHARVEYPHOTOGRAPHY’. A confirmation email will then be sent to confirm the goods purchased and the value of your order. An invoice can also be viewed via your account profile under order history. If your nominated credit card is declined by your financial institution, we will not be able to guarantee the delivery of the Goods and may contact you to make alternative payment and delivery arrangements. We may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the order and will instead contact you to inform you that your order will not be processed. We may process this order or further orders if you make a payment. - Internet Banking
You may also pay by bank transfer if you prefer. Please select this option at checkout for full details.
Order Cancellation
Once an order has been placed and you submit payment, you cannot cancel the order. You may however be able to get a refund or credit note as per the ‘Returns and Refunds’ terms below.
Returns and Refunds
- Guarantee
We stand by the quality of our products and services and are committed to ensuring you are satisfied with your purchase. If you are not happy with something purchased from us, you can return the product for a refund or exchange within 30 days of the purchase date (some exclusions apply as per below). - Conditions of us accepting a return
The item must be returned in original unused condition, complete with its original packaging.
You will need to include the packing slip and indicate the reason for return, and your choice of refund or exchange.
If the item is faulty or contains defects, we may send it to a supplier for assessment / reprinting before a refund or exchange is offered.
To arrange for the item to picked up and sent back to us at our cost, please call us.
If you send the item back yourself, you are responsible for the product until it arrives at our clearing house and for the courier charges incurred. - Exclusions
The below items are excluded from this policy, except where there are manufacturing or printing defects, so please choose carefully:
* Pillows
* Pillow cases
* Duvets
* Any item of clothing
* Vouchers
* Workshop tickets
Delivery Dates
- Our business days are Monday through Friday, not including holidays.
- We will endeavour to ship your goods within two days of you placing your order and payment clearing.
- You will be notified by email of shipping progress – including tracking updates, if you chose to have your items shipped.
- If purchasing tickets or vouchers from our online store, these will be delivered within a few minutes of purchase via email.
Disclaimer
There are certain risks in using any information, software, or products found on the Internet; and Shelley Harvey Photography cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Website assume all responsibility and risk for the use of this Website. Information published on this Website is provided without charge as a convenience to visitors, to be used for informational purposes only.
Reasonable care has been taken with regard to this site’s content.
Shelley Harvey Photography does not warrant or represent that this site’s content is accurate, complete, or up-to-date, nor does it warrant or represent that access to and use of this site or the server which makes it available will be uninterrupted, error-free, and free of computer viruses or other harmful components.
The content of this site may include technical inaccuracies or typographical errors for which Shelley Harvey Photography assumes no responsibility.
All of the materials provided herein, including all of the materials available on third party sites, are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied.
Limitation of Liability
Shelley Harvey Photography is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site. In no event shall Shelley Harvey Photography be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Shelley Harvey Photography Website.
Notwithstanding the above, in no event shall Shelley Harvey Photography’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Shelley Harvey Photography by you in connection with the transaction claimed by you to give rise to your claim.
Communications and Submissions
All personal data transmitted to Shelley Harvey Photography over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. However, any communications or other materials, which you submit to Grenfell Photography or this website, (including, but not limited to, e-mails, reviews or other postings relating to products, experiences, suggestions or other subject matter) will be treated as non-confidential and non-proprietary Submissions. All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.
Questions
Any questions about these Terms of Service should be addressed to sales@shelleyharveyphotography.com
Last updated on 22 March, 2022