Terms of Sale
Thank you for shopping at Birgit Berghofer Photography. By placing an order you accept the Terms of Sale set forth below. Please read through my terms thoroughly.
These items may be updated at any time; please check back for updates.
Copyrights and Trademarks
All materials appearing on www.bbphotography.ca or bbequinephoto.pixieset.com (hereinafter referred to as WEBSITES) are the property of Birgit Berghofer Photography. Materials protected by this copyright include, any and all images and any and all text; (including logos and other graphics); and any and all design elements of WEBSITES. You may use the content of WEBSITES for shopping, placing an order, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on or placing an order on WEBSITES. Unauthorized use of the materials appearing on WEBSITES may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Birgit Berghofer Photography. The “Birgit Berghofer Photography” logo is a trademark of Birgit Berghofer Photography, as are all custom graphics, icons, and logos found on WEBSITES.
Disclaimer and Limitation of Liability
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Birgit Berghofer Photography on WEBSITES are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 14 day return policy. Birgit Berghofer Photography makes no representations or warranties, either express or implied, of any kind with respect to products sold on WEBSITES.
Birgit Berghofer Photography expressly disclaims all warranties, express or implied, of any kind with respect to products sold WEBSITES, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Birgit Berghofer Photography arising from any product sold on WEBSITES shall be the price of the product ordered. In no event shall Birgit Berghofer Photography, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Birgit Berghofer Photography, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of WEBSITES. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Typographical and Photographical Errors
Birgit Berghofer Photography attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions/specifications, pricing or any other content on WEBSITES is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, Birgit Berghofer Photography shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
Order Acceptance Policy
Your submission of an order and/or receipt of an order confirmation automated or otherwise does not signify my acceptance of such order. Birgit Berghofer Photography reserves the right to cancel any order that I deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.
Birgit Berghofer Photography is a sole proprietorship with its principle place of business in Vancouver, BC Canada and you agree that any legal action brought against Birgit Berghofer Photography shall be governed by the laws of the state of British Columbia without regard to its conflict of law principles. Additionally, you agree that any and all disagreements arising from your use of or orders placed through WEBSITES will be adjudicated in Vancouver, BC by an appropriate federal or provincial court.
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Birgit Berghofer Photography on WEBSITES are non-refundable.
Replacement items for damage in shipping or misidentified images will be honored within a 14 day return for replacement period, unless otherwise noted.
All returns for replacement must follow the conditions below:
• All products must be returned complete.
• Birgit Berghofer Photography will not accept items that have been intentionally physically damaged or abused.
• All returns must be shipped freight prepaid.
• All related fees (shipping & return shipping fees) are NON-REFUNDABLE for all products in all cases.
• Please allow 2-3 weeks for all replacement orders.
• Claim for missing products must be reported within 14 days from the date item is shipped. Unauthorized Returns Shipments that are refused without authorization, or that are returned to us because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.
Sales Policy Agreement
By placing an order on WEBSITES, a customer has agreed to the terms and conditions of the sale as indicated on WEBSITES. By placing an order on WEBSITES, a customer has agreed to the total dollar amount of the sale, and authorized Birgit Berghofer Photography to collect payment via the payment method the customer specified. Birgit Berghofer Photography reserves the right to make changes to WEBSITES and these terms and conditions at any time. ** NOTE: Birgit Berghofer Photography attempts to be as accurate as possible in our content and pricing. However, we cannot guarantee that the product descriptions/specifications, pricing or any other content on WEBSITES is accurate, complete, or current.
In the event that a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Birgit Berghofer Photography shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
Privacy & Security Policies Overview
Birgit Berghofer Photography does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.
Your Personal Information
When you place an order on WEBSITES, you provide us with your name, email address, credit card information, address, and phone number. We use this information to process your order. The financial information (credit card number, expiration date, billing address, etc.) that we collect from you is used for billing purposes only.
Digital Image License
By purchasing and downloading images from bbequinephoto.pixieset.com you agree to following licensing terms.
Without written authorization from Birgit Berghofer Photography, all digital images are licensed under the following personal use terms.
Credit to Birgit Berghofer Photography
When distributing or posting images online, credit for the photograph must be given to Birgit Berghofer Photography under the associated images in clear, easy to read text. Images posted on Facebook should credit “Birgit Berghofer – Equine Images” while images posted on Instagram should credit “bb.equine.photo”.
Editing, and other Modifications
No image may be edited, modified or in any way altered without written consent from Birgit Berghofer Photography. This includes but is not limited to: cropping, filtering, warping, adding content to the image, or removing content from the image.
Usage and Rights
Birgit Berghofer Photography retains full rights to all digital images. You may use digital images for personal use. You may not use images for commercial use. Commercial use includes but is not limited to: selling, printing, publishing, or the promotion or advertising of contests, events, products, merchandise, groups, organization or other legal entities. You may not engage in any activity which results in you receiving remuneration through the use of any digital images. 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
If you violate the terms outlined above, you may be subject to legal action or may be obligated to provide Birgit Berghofer Photography with additional financial compensation subject to the nature of the violation.