Terms of service

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the BARB KELLOGG PHOTOGRAPHY (defined below), which governs your use of Products (defined below) obtained by purchase through this website at BARB KELLOGG PHOTOGRAPHY.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “I”, “me” and “mine” refer to BARB KELLOGG PHOTOGRAPHY.

“Products” referred to by these Terms include but are not limited to: prints, canvas gallery wraps, and any other products provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from BARB KELLOGG PHOTOGRAPHY. All such Products are the intellectual property of and are owned by BARB KELLOGG PHOTOGRAPHY.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of BARB KELLOGG PHOTOGRAPHY’s Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT I DO

BARB KELLOGG PHOTOGRAPHY is a resource through which you may obtain fine art nature photography on various products, such as, but not limited to, prints and canvas gallery wraps.

PRIVACY POLICY

BARB KELLOGG PHOTOGRAPHY permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here which is incorporated herein by reference.

BARB KELLOGG PHOTOGRAPHY will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. BARB KELLOGG PHOTOGRAPHY will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. BARB KELLOGG PHOTOGRAPHY is the sole manager of such information collected on the Site. BARB KELLOGG PHOTOGRAPHY will use such information to respond to you as necessary. You grant BARB KELLOGG PHOTOGRAPHY a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

RETURN/REFUND POLICY

I promise you'll love your purchase! If you don't, return it. The LOVE YOUR ART Warranty includes a no-questions-asked 100% money back guarantee. If you aren't happy with your purchase, just return for exchange or refund within 59 days from date of purchase. This warranty will be honored whether you purchased in person or online. Some limitations apply. See below for more details.

  • Shipping costs are non-refundable.

  • Your return needs to be insured and trackable.

  • Returns must be in like new condition.

  • This warranty does not apply to heavily discounted prices, greeting cards, nor to pieces altered in some way after being shipped to you. (Getting your print matted and framed is not an exclusion.)

  • Each return must be preceded by communication with me, either by email or phone, and you receiving my written or verbal approval. A refund will not be honored for returns for which I have not been notified, and returns that have not been approved by me.

  • My policy is subject to change at any time without notice.

PAYMENT

Payment is due upon order of artwork. If no payment is received, no items will be shipped.

SHIPPING POLICIES

Shipping costs are based on weight, size, and destination from my location in Avon, MN. Most US orders are shipped via USPS Priority Mail, insured and traceable. Speedee Delivery is used for delivery within their service area. FedEx is used for oversize shipments outside of Speedee Delivery's service area. Your package is typically shipped within one week of purchase. Times may vary due to professional lab delays.

Artwork that is shipped to you is packaged carefully, insured, and trackable. If it should arrived damaged, please contact me within three business days. Save all packaging and contents. Photographs of the damaged artwork and shipping container is all the proof I'll need to be able to ship you a replacement at no additional cost. I'll need to file a claim with the shipper, so I may require more photographs or information from you, please hang on to your damaged items until I've told you it's ok to throw them away.

CANCELLATION POLICIES

A purchase may be cancelled up until payment has been processed or prior to being shipped with no penalty. If your order has shipped, you may return your purchase within 59 days (see the Love Your Art Return policy for details and exclusions). Shipping costs are nonrefundable.

LINKS TO OTHER WEBSITES

BARB KELLOGG PHOTOGRAPHY does contain a number of links to other websites and online resources that are not owned or controlled by BARB KELLOGG PHOTOGRAPHY.

BARB KELLOGG PHOTOGRAPHY has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, I strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on my site.

INTELLECTUAL PROPERTY LICENSE

BARB KELLOGG PHOTOGRAPHY owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of BARB KELLOGG PHOTOGRAPHY’s services, and; (d) any other intellectual property rights afforded to BARB KELLOGG PHOTOGRAPHY, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). BARB KELLOGG PHOTOGRAPHY does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon BARB KELLOGG PHOTOGRAPHY’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. BARB KELLOGG PHOTOGRAPHY will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

CONTACT

By using the Site and entering personal information, you give BARB KELLOGG PHOTOGRAPHY permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let BARB KELLOGG PHOTOGRAPHY know by emailing me at hello@barbkelloggphotography.com and I will kindly refrain from doing so.

COMPLAINTS

My goal is your happiness with your purchase, so I will do whatever is reasonable to address your complaints. Any complaints should first be addressed with me at hello@barbkelloggphotography.com, (320) 493-8883, or in writing to Barb Kellogg Photography, PO Box 227, Avon, MN 56310. There is no guarantee of resolution.

LEGALITIES

The seller is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the seller shares no responsibility.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, BARB KELLOGG PHOTOGRAPHY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO BARB KELLOGG PHOTOGRAPHY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of Minnesota. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Avon and Minnesota.  BARB KELLOGG PHOTOGRAPHY reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of BARB KELLOGG PHOTOGRAPHY’s Products, Materials and services.

These terms and conditions are subject to change. I have read and agree to these terms and conditions.

Any questions regarding the above Terms may be directed to:

hello@barbkelloggphotography.com

Barb Kellogg Photography
PO Box 227, Avon, MN 56310

All rights reserved © Copyright 2015. BARB KELLOGG PHOTOGRAPHY.