Terms & Conditions
Table of Contents
Acceptance of Artwork
Copyright and Reproduction
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. Lane Smith 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.
It is not possible to change your order once it has been placed. 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 through our contact us button on the website.
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 the future choose to accept. In the event of a stopped payment, disapproved charge or other failure to submit pre-payment, Lane Smith 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.
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.
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 time depends on the shipping option you choose when ordering. Please allow at least 2-3 weeks for delivery of your artwork purchases and 1-3 days for your retail product to be shipped, 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. Requests must be received within 30 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, plus the cost of shipping the new print to you.
Notification of all shipping defects or damage must be made within 30 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.
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, 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.
If for any reason you are not completely satisfied with a Lane Smith Photography purchase, you may return it (you are responsible for applicable return shipping costs) within 14 days of receipt and receive store credit for a future purchase. Retail products currently includes Photography Books. Items need to be returned in a like-new condition.
Paper Prints, Metal Prints and Acrylic Prints
Lane Smith Photography prints are custom-made and as such, we are unable to offer returns or exchanges.
Exclusion from Returns
You may not return or cancel your Lane Smith Photography eGift Card.
Lost or Stolen eGift Cards
If you suspect that someone has copied or stolen your eGift Card, contact Customer Service immediately. eGift Cards will not be replaced if lost or stolen without the purchaser's confirmation email as proof of purchase. eGift Cards have cash value and should be safeguarded accordingly.
You may not use an eGift Card to purchase other eGift Cards.
eGift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused eGift Cards may not be transferred.
Risk of Loss
Ownership and risk of loss of eGift Cards passes to the purchaser as soon as we send our confirmation to the recipient. We are not responsible for lost or stolen eGift Cards.
Delivery Information and Requirements for eGift Card Purchasers
All orders of eGift Cards are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your eGift Card order may be delayed until it can be corrected.
We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact Customer Service if you suspect the recipient did not receive his/her eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.
Reasons for Failed Delivery
If you have confirmed the recipient's email address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
Spam filter blocked email or routed it to a bulk/spam folder
Recipient's firewall blocked the email
Email inbox is over size limit
If a spam filter is blocking emails from getting to an inbox, the email options will need to be modified so that emails are not considered spam.
Limitation of Liability LANE SMITH PHOTOGRAPHY AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EGIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN EGIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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.
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. LaneSmithPhotography.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, liability for any claim relating to any product purchased from us is the amount you paid for the product.