Terms & Conditions
All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, Media and/or other Product(s) available through online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Vincent Marcolla must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted.
PRICING & PAYMENT TERMS
Purchasing of Media, Products, and/or Services through online store requires that the customer provide valid Payment Information as required by the online store. The vendor (Vincent Marcolla) reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon Vincent Marcolla's written request.
SHIPPING TERMS AND POLICIES
Physical Media and/or Product(s): Vincent Marcolla will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within 72 hours from order checkout.
Vincent Marcolla and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. Shipping charges, are included, in the total price of prints.
Digital download of Media and/or Product(s): the download will be made available upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.
Vincent Marcolla guarantees the customer 100% satisfaction with any Media and/or Product(s) that are purchased through the online store. If for any reason the customer is unsatisfied with any physical Media and/or Product(s) purchased through the store, Vincent Marcolla will accept the return for any reason within fourteen (14) days of your receipt of the Media and/or Product(s). Upon successful completion of the return process, and receipt of the returned product, the customer will have the option to either resend the purchased Media and/or Product or issue a full refund of the purchase price paid by the customer less shipping costs, unless the product has been determined to be physically defective.
Digital Media and/or Product(s) (i.e., photo download, etc.), are not refundable.
PRODUCT AVAILABILITY AND PRICING
Vincent Marcolla may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case Vincent Marcolla will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
PRODUCT DESCRIPTIONS, PRICING & ERRORS
Vincent Marcolla endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, Vincent Marcolla encourages the customer to report such issues through the contact form.
Vincent Marcolla does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and Vincent Marcolla cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.
Vincent Marcolla and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping cost) within fourteen (14) days of receipt.
In the event of any error, Vincent Marcolla reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN FOURTEEN (14) DAYS OF PURCHASE. THIS CONSTITUTES THE EXTENT OF Vincent Marcolla's SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER.
DIGITAL IMAGE LICENSING
Digital Media and/or Product(s) may be available for purchase through the online store. Vincent Marcolla permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:
The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Vincent Marcolla. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
Under this provision, neither Vincent Marcolla and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
A commercial license may be available upon request, and will require an additional contractual agreement between Vincent Marcolla and the customer.
CUSTOMER ALLOWABLE ACTIONS
Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:
The customer may display Product(s) and Media on personal websites and computers.
The customer may make images and or prints for personal use.
CUSTOMER BARRED ACTIONS:
Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:
The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Vincent Marcolla.
The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
The customer shall not incorporate the Media, Product(s), or Vincent Marcolla brand or logo into any trademarks, logos, or service marks.
The customer shall not make any purchased Media or Product(s) available for download.
The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.