Ordering
You are responsible for supplying all required information when submitting an order, including complete name, shipping and billing address (no P.O. Boxes), telephone number, valid e-mail address, and valid payment method. No responsibility is assumed for mis-delivery due to incorrect information supplied by a customer. Milky Night Photography reserves the right to refuse or cancel any order at any time, in which case the customer’s sole remedy is a refund of any payment(s) made for such order.
Changes
It is not possible to change your order once it has been placed without incurring a restock fee (below). The only exception is the delivery address, which can be changed if your order has not yet been shipped. To change the address for an unshipped order, please contact customer service via email at carla@milkynight.com
Payment
Payment for any order must be made in advance at the time the order is placed. You may pay for your order by credit card, or by PayPal, or such other means as we may in future choose to accept. In the event of a stopped payment, disapproved charge or other failure to submit pre-payment, Milky Night Photography shall have the right to cancel the order or, if already shipped, to seek payment and hold customer responsible for any and all costs of collection, including but not limited to reasonable attorneys’ fees, as well as to charge interest at the rate of 1.5% per month (or the highest allowable rate by law if less than 1.5% per month) until payment is made.
Color Matching
You acknowledge and understand that (a) colors as seen on a computer monitor may not look the same as the colors as they appear on our manufactured product, and (b) no guarantee is made that any image as seen online will necessarily match exactly the colors on the final product.
Personal Data
All information submitted by you in connection with any order is governed by our Privacy Policy.
Sales Tax
You, our Client, are solely responsible for any state, local, or federal sales, use, VAT, excise, import fees, or other taxes. Generally, when Seller is required to collect such taxes from buyers, we will include such amounts in the Order. If for some reason such taxes are not included in the Order, and Seller is later required to pay them to any taxing authority, we will look to the Client for prompt reimbursement.
Delivery
Delivery time depends on the shipping option you choose when ordering. Please allow at least 8-10 weeks for your custom purchases, plus the shipping time based on the shipping option you selected. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. If your print arrives damaged or broken, please contact us! We will happily replace it, but we’ll need a picture of the damage. Email us at carla@milkynight.com. Requests must be received within 7 days of delivery, and must include a copy of the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping. If we approve your request for a replacement, we will not charge you for the new print, but you will be responsible for the costs of returning the damaged print to us.
Shipping Problems/Damage
Notification of all shipping defects or damage must be made within 7 days of delivery and accompanied by the shipping receipt and photographic proof of the damage for us to review and make a determination whether damage in fact occurred during shipping.
Cancelations
Cancelation Policy
All works are custom orders. Production of the purchased work(s) begins immediately after purchase, and shipment will occur as soon as possible after production is complete. As a result, the work(s) cannot be cancelled, returned or refunded at any time. In light of the substantial production costs incurred once production has begun, (but before item has shipped) any request to cancel an order or otherwise modify the produced image (e.g., increasing or reducing size, changing image, etc.) will be eligible to a 50% restocking fee. Due to our shipping and production timeline, produced & shipped work(s) are non-cancellable, non-returnable, non-exchangeable and non-refundable.
Returns
Return Policy
If within 30 days – for any reason – you are not completely satisfied with something you bought “off the shelf” from the Milky Night Studio on Dale Lane, you may return it to the Studio. Items need to be returned in a like-new condition.
Custom-made orders are custom produced to order. As such, we are unable to change your artwork once order is placed.
Exclusion from Returns
If your use of our site or services has been terminated for violation of these Terms of Sale or our Terms of Use, we may refuse to accept any returns from you.
Limitation of Liability
To the maximum extent permitted by law, our liability for any claim arising out of or in connection with your purchase of the Product shall be limited to the amount paid by you for the Product.
Changes to Terms
We reserve the right to change these Terms at any time without notice. Any changes will be effective immediately upon posting on our website, and you are deemed to have accepted such changes by your continued use of the Product or our services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Arizona, and any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Arizona.
Contact
If you have any questions or concerns about these terms, please contact us at carla@milkynight.com
Acceptance of Artwork
As fine art can be fragile, you must inspect the Artwork immediately upon receipt. If the Artwork is damaged or does not otherwise conform with the Order, Client must provide Seller with written notification no later than seven (7) days after receipt of the Artwork. Otherwise, the Artwork is deemed to be accepted.
Copyright and Reproduction
All copyright rights, including, without limitation, all reproduction and trade dress rights (collectively, the “Copyright”), to the Artwork are expressly reserved by Seller and Artist. This Agreement does not include a sale or license of the Copyright to Client. Client will not reproduce or copy the Artwork without advance written permission. Artist’s signature and/or the copyright notice as they appear on or about the Artwork at the time of sale must not be removed or concealed. Artist shall receive authorship credit in connection with the Artwork at all times.
General
All orders and transactions also are subject to the milkynight.com Terms of Use policy, including, but not limited to, the limitations on damages and exclusions of warranties set forth therein. The Terms of Use also include provisions for arbitration of disputes and other important terms you should review. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. No responsibility is assumed for any errors in listed prices or other information, all of which we reserve the right to correct. Orders are not final or binding until accepted by us. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Lik.com is not responsible for any delay or failure in delivery due to causes beyond its control, including, but not limited to, acts of god, war, terrorism, embargo, quarantine, accidents, fire, explosion, flood, severe weather, epidemic, riots, civil disturbance, unavailability of labor or transportation or any other similar or dissimilar cause. You are responsible for the proper and safe handling of any prints or other products you order from us. To the extent allowed by law, milkynight.com’s liability for any claim relating to any product purchased from us is the amount you paid for the product.