Terms of Sale

Thank you for shopping at Birgit Berghofer – Equine Images. By placing an order, you agree to the following Terms of Sale. Please review these terms thoroughly as they may be updated periodically.

Copyrights and Trademarks

All materials on www.bbphotography.ca and bbequinephoto.pixieset.com (collectively referred to as the “WEBSITES”) are owned by Birgit Berghofer – Equine Images. This includes all images, text (such as logos, graphics, and other design elements), and digital content. Unauthorized use of any content on these WEBSITES, including copying, reproducing, modifying, or distributing any materials without written consent, is prohibited and may result in legal consequences.

Disclaimer and Limitation of Liability

Because of the custom nature of our photography services and products, all sales are final once digital images have been delivered. No refunds or exchanges will be issued after delivery. For physical products, including prints, replacement items for damages during shipping or incorrect items will be honored within 7 days of delivery.

Birgit Berghofer – Equine Images disclaims all express or implied warranties concerning the products sold, including any implied warranty of merchantability or fitness for a particular purpose. Our liability is strictly limited to the price paid for the product.

Typographical and Photographic Errors

While we strive to ensure accuracy in pricing, descriptions, and images, Birgit Berghofer – Equine Images cannot guarantee that all content on the WEBSITES is free from errors. If a product is listed at an incorrect price, we reserve the right to either honor the displayed price or cancel the order at our discretion.

Order Acceptance Policy

Order placement does not guarantee acceptance. Birgit Berghofer – Equine Images reserves the right to cancel or refuse any order at our sole discretion, including requests for custom work. We may require additional information before processing any order.

Jurisdiction

Birgit Berghofer – Equine Images operates as a sole proprietorship based in Langley, BC, Canada. All legal disputes arising from the use of these WEBSITES shall be governed by the laws of British Columbia, and will be adjudicated in Langley.

Return Policy

Due to the custom nature of the products, all sales of digital images are final once delivered. Physical products, including prints, are eligible for replacement if damaged during shipping or if the wrong item is delivered. Any claims must be reported within 7 days of delivery, and all returns must meet the following conditions:

  • Items must be returned in their original condition and packaging.
  • Birgit Berghofer – Equine Images does not accept returns on products that have been physically damaged by the customer.
  • Return shipping fees are non-refundable.
  • Replacement orders may take up to 6 weeks to process, especially during peak seasons (e.g., holidays, summer). Please allow extra time during these periods for fulfillment.

Sales Policy Agreement

By placing an order, you acknowledge and agree to the total sale amount and authorize Birgit Berghofer – Equine Images to charge the payment method provided. Sales are subject to these terms and may change without prior notice.

Privacy & Security Policies Overview

Birgit Berghofer – Equine Images respects your privacy and will not sell or trade your personal information. The information collected, such as your name, email, and payment details, is used solely to process your order. We are committed to ensuring that all personal information is protected.

You consent to the collection and use of your information as described in this policy. Any changes to our privacy policy will be posted on this page.

Digital Image License

By purchasing digital images from bbequinephoto.pixieset.com, you agree to the following licensing terms:

  • Personal Use Only: Images may be used for personal, non-commercial purposes only. Commercial use, such as selling, printing, or promoting through images, is prohibited unless prior written consent is obtained.
  • Rights: Birgit Berghofer – Equine Images retains full rights to all digital images. You may use digital images for personal use only. You may not use images for commercial purposes. Commercial use includes, but is not limited to: selling, printing, publishing, promotion, advertising, contests, events, products, merchandise, groups, organizations, or other legal entities. You may not engage in any activity that results in you receiving remuneration through the use of any digital images.
  • Editing & Modifications: No images may be edited, modified, or altered in any way without explicit written permission from Birgit Berghofer – Equine Images. This includes, but is not limited to, alterations using artificial intelligence (AI) or other digital means.
  • AI Use Restriction: AI use is strictly prohibited for altering, modifying, or creating derivative works from the images. This includes the use of AI for enhancing, changing, or adding content to the images in any manner.
  • No AI Training: The client agrees not to use the images for training any form of artificial intelligence or machine learning models, including but not limited to, models for image recognition, enhancement, generation, or classification. Birgit Berghofer – Equine Images retains exclusive rights to decide how and if its images can be used for such purposes.
  • Client Consent: By purchasing or downloading images, you consent to the terms of this license and acknowledge that you understand and agree to abide by the restrictions outlined above, including restrictions on modification and commercial use.
  • Credit: Images must be credited to Birgit Berghofer – Equine Images whenever shared online or in publications.
  • Prohibited Uses: Images may not be used in any illegal, obscene, pornographic, or offensive manner. Images may not be incorporated into logos, trademarks, or service marks.
  • Violation of Terms: Any violation of these terms, including AI usage restrictions and unauthorized commercial use, may result in legal action, financial compensation to Birgit Berghofer – Equine Images, and the immediate revocation of the license granted for the images.

Video Content

By purchasing or licensing video content from Birgit Berghofer – Equine Images, you agree to the following terms:

  • License: All video content is licensed for personal use only unless otherwise agreed upon in writing. Commercial use, including but not limited to, selling, redistributing, or using the video content for promotional or advertising purposes is prohibited without explicit written consent.
  • Editing: No video content may be edited, modified, or altered in any way without prior written permission from Birgit Berghofer – Equine Images.
  • Credit: When sharing video content online or publicly, credit must be given to Birgit Berghofer – Equine Images. For social media, please credit Birgit Berghofer – Equine Images (Facebook) or @bb.equine.photo (Instagram).

Physical Prints

Gallery Re-upload Fee: Should your gallery expire and you require your images to be re-uploaded, there will be a $25 fee per gallery for the re-upload service.

Order and Delivery: Physical prints, including framed images or canvas prints, are produced based on the selections made by the client during their order process. These prints will be produced and shipped after final approval from the client. Delivery times may vary depending on location and availability of materials.

Refunds and Replacements: Due to the custom nature of printed products, all sales of physical prints are final once the print has been delivered. However, we will replace prints damaged during shipping or incorrectly processed within 7 days of receipt. Claims for damaged or incorrect prints must be made within this time frame.

Print Rights: All images remain the exclusive property of Birgit Berghofer – Equine Images. No rights to reproduce, copy, scan, or alter prints or digital files are granted unless otherwise agreed upon in writing. The client is purchasing a physical print for personal use only and may not use it for commercial purposes unless granted by explicit written permission.

Frame and Material Variations: Please note that colors, textures, and sizes may vary slightly depending on the materials used for printing and framing. Birgit Berghofer – Equine Images will work to ensure the highest quality but cannot guarantee exact matches to digital representations.

Wear and Fade: Due to the nature of materials used in prints and artwork, prints and other physical products may fade or become worn over time depending on factors such as light exposure, humidity, and handling. Birgit Berghofer – Equine Images is not responsible for any fading, wear, or damage that may occur as a result of normal use or environmental conditions.

Print Life: Client is aware that color dyes and inks may fade or discolor over time due to the inherent qualities of dyes and inks. Client releases Birgit Berghofer – Equine Images from any liability for claims whatsoever based upon fading or discoloration due to these inherent qualities.

Unauthorized Returns: Shipments refused without prior authorization, or returned due to an invalid address, will incur a 25% restocking fee plus applicable shipping and handling charges. Birgit Berghofer – Equine Images will not accept unauthorized returns.

Delivery and Liability: Birgit Berghofer – Equine Images is not responsible for packages that are lost, stolen, or damaged once they have been delivered to the address provided. This includes instances where the recipient is unavailable to pick up the package or if the package is left unattended. If a package is returned to us due to an undeliverable address or failure to claim it, the client will be responsible for any additional shipping charges.