Terms and Conditions
Terms of Sale
Thanks you for shopping with Harvest Joy! By placing an order on harvestjoy.pixieset.com, you accept the Terms of Sale set forth below. Please read through them thoroughly. These items may be updated at any time; please check back for updates. Contact Alexandra Rae directly with any questions.
Please note that by purchasing prints and/or other physical products from Harvest Joy Design (Alexandra Rae Molumby), you are licensed to use the images for limited personal use only. Unless your session fee or your purchase includes a digital files download and an accompanying personal use release, you are not licensed to create digital copies of your images or print copies of them elsewhere.
Refund / Exchange Policy
Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by Alexandra on harvestjoydesign.com and harvestjoy.pixieset.com 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.
Alexandra will not accept items that have been intentionally physically damaged or abused.
All returns must be shipped freight prepaid.
All related fees (shipping and 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 10 days from date item is shipped.
Unauthorized Returns
Shipments that are refused without authorization, or that are returned because the address was invalid, are subject to a fee of 15% plus applicable shipping and handling fees.
Copyrights & Trademarks
All materials appearing on harvestjoydesign.com and harvestjoy.pixieset.com are the property of Alexandra. 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 the website. You may use the content harvestjoydesign.com and harvestjoy.pixieset.com for shopping, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on harvestjoydesign.com and harvestjoy.pixieset.com 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 harvestjoydesign.com and aglcreative.pixieset.com.
The “Harvest Joy Design” logos are trademarks of Alexandra, as are all custom graphics, icons, and logos found on harvestjoydesign.com.
Disclaimer & Limitation of Liability
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Alexandra on harvestjoy.pixieset.com are non-refundable. Replacement items for damage in shipping or misidentified images will be honored within a 14 day return policy. Alexandra makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Alexandra expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Alexandra arising from any product sold on this website shall be the price of the product ordered. In no event shall Alexandra, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold. You agree that Alexandra, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of aglcreative.com.
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 & Photographical Errors
Alexandra 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 harvestjoydesign.com and/or harvestjoy.pixieset.com 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, Alexandra 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 our acceptance of such order. Alexandra reserves the right to cancel any order that we 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.
Jurisdiction
Alexandra is based in the United States of America, and you agree that any legal action brought against Alexandra shall be governed by the laws of the United States of America 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 harvestjoydesign.com and harvestjoy.pixieset.com will be adjudicated in the county of San Diego, California, USA by an appropriate court.
Sales Policy Agreement
By placing an order at harvestjoydesign.com and harvestjoy.pixieset.com, a customer has agreed to the terms and conditions of the sale as indicated on this website. By placing an order at harvestjoydesign.com and harvestjoy.pixieset.com, a customer has agreed to the total dollar amount of the sale, and authorized Alexandra to collect payment via the payment method the customer specified. Alexandra reserves the right to make changes to this site and these terms and conditions at any time.
Note: Alexandra 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 the site 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, Alexandra shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
Privacy & Security Policies
Alexandra 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 at our site, 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.
In order to serve you best, credit card transactions are handled by a reputable third-party banking institution. Once the bank authorizes your credit card, we begin processing your order. The banking institution we do business with is under strict obligation to keep your personal information private.
We also work with third parties that perform various vital functions on our behalf. Such functions include shipping and delivering of packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on our behalf. They are also under strict obligation to keep your personal information private.
Harvest Joy may occasionally notify you via email about important functionality changes to our web site or special offers we think you’ll find valuable. At the bottom of every such email are directions on how to take your email address off our list.
Your Consent
By using our web site, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our privacy policy, we will post those changes on this page. Alexandra will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful, to the proper authorities. Additionally, we may release account information when we feel that such a release is necessary to enforce the terms of our user agreement, or to protect the rights, property, and safety of our users, Alexandra, or others. Other sites accessible through harvestjoydesign.com have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Alexandra is not responsible for the actions of third-parties.
If you have any questions about this privacy statement, Alexandra’s practices, or your business with Alexandra, please contact customer service at harvestjoydesign@gmail.com. Please check back occasionally for any updates or changes to our privacy policy.
Voucher Policy
All vouchers purchased by harvestjoydesign.com website or by any other source are non-refundable. They have set expiration date after which any voucher will not be eligible to use.
License
All images are property of Alexandra and are copyrighted by law. None of them cannot be copied, used or published for commercial purposes without Alexandra’s clear permission to do so. Alexandra reserves the right to use all of Client’s images on website, blogs, or any other related marketing material.
photography Policies
Client acknowledges that Alexandra Rae Danell of Harvest Joy Design Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation. All usage rights to the Image(s) specifically granted by Photographer to Client appear on the reverse side of this Agreement. No electronic publishing, or Internet use, of any kind is permitted unless specifically stated. The use of any Image(s) by Client will not constitute a work of joint authorship.
Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.
Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).
Payment
No rights are granted until photographer has received full payment, including if applicable, any late-payment charges.
Unless otherwise agreed, the use of any image(s) prior to full payment will be considered an unauthorized use.
All invoices are due upon receipt. Adjustments of amounts or terms must be requested within ten days of invoice receipt.
Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.
reshoots
Client is responsible for sending an authorized representative to the shoot. If no representative is present, Client must accept Photographer’s judgment as to the creation of the Image(s).
If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent of the fee stated in the quote or invoice for the original shoot, plus all expenses for the reshoot.
If a reshoot is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, acts of God, or the fault of a third party, Photographer will not charge an additional fee and Client agrees to pay all expenses for the reshoot.
Cancellations & Refunds
Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will plan accordingly for the agreed time(s) and date(s).
Where Client postpones or cancels an assignment, Client will pay all expenses incurred by Photographer up to the time of postponement or cancellation.
If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.
Any deposits paid on booking become non-refundable for cancellation, or postponement, less than two business days from the date of photography.
Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.
failure to perform
If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to reschedule to fulfill obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
kill fee
Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).
archiving digital files
While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s) for the duration of the term of licence. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.
Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
digital file quality
Photographer is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are color calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including color profile, if provided, are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
acceptance of terms
Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This Agreement will be deemed to be a contract made under the laws of the United States, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the United States. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favor of Photographer.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.
This Agreement constitutes the entire and only agreement between Photographer and Client with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.