MEDIA, PRODUCTS, & SERVICES
("TERMS OF SALE")
December 21, 2022
LI facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products will constitute your personal acknowledgment that the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors and that Lesanie Images’ role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.
Pricing & Payment Terms
Purchasing of Media, Products, and/or Services through LI website and online store requires that the customer provide valid Payment Information as required by the online store. LI reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon LI’s written request.
The TERMS OF SALE requires the customer to agree to financially reimburse LI for all costs incurred during the collection of amounts owed by the customer to either LI or a third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that LI is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of the transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). LI reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, LI may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.
Group Photos - (Sports Team, Theatre Groups, Large Event Images)
Team images and larger groups are planned and created in advance with an associate in connection with the organization. Due to the volume, it is at the discretion of LI if images can be changed or modified. This request will also need to take place during the first week of proofs being released and will be at the discretion of LI if the adjustments can be completed. Requests need to be sent to email@example.com, along with the session information.
Group photos in packages have restrictions on edits based on the package ordered. Please review your package to see if it is eligible for post-session edits.
Proofs are sent via email upon completion of proofs. Images are sent to the email provided upon ordering. Images sent are either from firstname.lastname@example.org and/or email@example.com via proof viewing service PIXIESET. LI does not assume liability for missing emails that are sent and not received due to spam profiles within email services. LI will send two emails for proof viewing and image selection, with the second email approximately two months after the original proof email. At the time of the second email, edits to the package cannot be completed due to the time from the original editing. If there is no response, LI assumes the package order is abandoned and the link for images will be closed out 30 days from the last email.
Photo Downloads; Shipping Terms and Policies
If any digital download of Media and/or Product(s) is included under the purchase agreement, or contract, the download will be made available through LI Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following the download.
If any physical Media and/or Product(s) are purchased, LI will use all commercially reasonable efforts in conjunction with third-party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold LI reliable for any delays in shipping.
LI and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for viewing during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, LI will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
Sales and Refund/Chargebacks Policy
Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned (it is deemed “used”); Lesanie Images has a strict NO REFUNDS POLICY. Once a transaction has been completed (i.e., the buyer selected and paid for the photo and then LI sent the buyer the correct photographs) it is then considered non-refundable. Due to the nature of custom photography, all sales are final.
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the custom and electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that you initiate any chargebacks via your payment provider under no circumstances whatsoever. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
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 an order. Lesanie Images 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.
Unless otherwise noted, because of the custom nature of the transaction, and the prevalence of illegal reproduction facilities, products sold by Lesanie Images website and on https://lesanieimages.pixieset.com are non-refundable and non-returnable. Media and/or Product(s) that are purchased through the online store. If the physical product is damaged, please contact firstname.lastname@example.org immediately upon delivery. After 24 hours of product delivery, LI will assume the product is at 100% satisfaction and the order is completed. All returns for replacement must follow the following conditions: All products must be returned complete; Lesanie Images 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 ten (10) days from the date item is shipped. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product. Unless otherwise noted, we do not provide refunds for your return shipping cost unless your order is physically defective in some manner. To request a replacement for any Product, please contact Lesanie Images at email@example.com. Please do not contact your credit card company to dispute a charge before contacting Lesanie Images.
Lesanie Images does not accept exchanges. If the incorrect size, incorrect print, or incorrect product is ordered, the customer is solely responsible for the costs of the product and its shipping costs billed at the time of purchase. If the mistake was caught prior to order fulfillment, there may be a possibility to correct and issue a refund and/or order the correct product. If this occurs please contact firstname.lastname@example.org as soon as possible as this window of time to correct order prior to fulfillment depends on many factors.
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.
Product Availability and Pricing
LI and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is placed, in which case LI will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
Product Descriptions, Pricing & Errors
LI endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the website and online store, and strives to eliminate any errors. If any errors are detected, LI encourages the customer to report such issues to Customer Service at email@example.com. LI does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in the applicable color and/or brightness can vary depending on the type of device used to view the website and online store, and LI cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness. LI and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.
In the event of any error, LI reserves the right to remedy and correct such error and charge the correct price for the customer-purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such an error is to cancel the order.
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER UPON REVIEW OF PICTURES AT DELIVERY WITHIN A 24-HOUR REVIEW OF IMAGES. AFTER 24 HOURS OF IMAGES BEING SENT, THE IMAGES ARE DEEMED ACCEPTED BY THE PURCHASER. THIS CONSTITUTES THE EXTENT OF LI’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE WEBSITE AND ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER. LESANIE IMAGES PROVIDES CUSTOMERS WITH SPECIFIC WARRANTIES DEPENDING ON PRODUCT TYPE (LISTED IMMEDIATELY BELOW). THESE WARRANTIES ARE CONSIDERED INVALID IF ANY DAMAGE OR DEFECT OCCURS TO THE PURCHASED PRODUCT THROUGH INCORRECT CARE AND HANDLING OF THE PRODUCT RESULTING IN DISCOLORATION, COLOR FADING, WRINKLES, FOLDS, SCRATCHES, LIQUID SPILLS OR STAINS, CLEANING MARKS, SCUFFS, OR ANY OTHER MARKING, TEARS, BURNS, AND ANY ADDITIONAL PHYSICAL DEFECT OF SIMILAR NATURE. ALL WARRANTY CLAIMS SHOULD BE MADE BY CONTACTING LESANIEIMAGES.COM
The materials on Lesanie Images' website and online store are provided "as is". Lesanie Images makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Lesanie Images does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
Limitation Of Liability
In no event shall Lesanie Images, its officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption) related to products sold, arising out of the use or inability to use the materials on Lesanie Images' Internet site, even if Lesanie Images or a Lesanie Images authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree that the sole and exclusive maximum liability to Lesanie Images arising from any product sold on this website shall be the price of the product ordered. You agree that Lesanie Images, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of lesanieimages.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.
These Terms Of Product Purchase May Change
Voucher, Gift Card And Coupon Policy
All vouchers, gift cards/e-gift cards, and coupons purchased to use with Lesanie Images are non-refundable. They have set expiration dates that if gone over will cause them to be ineligible to use.
All images are the property of Lesanie Images and are copyrighted by the law. None of them can be copied, used, or published for commercial purposes without Lesanie Images' clear permission to do so. Lesanie Images reserves the right to use all of the Client’s images on the website, blogs, or any other related marketing material.
Governing Law; Venue
All Terms shall be construed in accordance with, and governed in all respects by, the laws of Jamaica. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the parish and/or courts for Savanna-La-Mar. Lesanie Images reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Lesanie Images’ Products, Materials, and services.