TERMS AND CONDITIONS

Introduction.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.

By using this website or placing an order for products from this website, you accept and are bound by these Terms and Conditions (these “Terms”).

You may not order or obtain products from this website if you (A) do not agree to these Terms, (B) are not of legal age to form a binding contract with R. M. Horowitz Photography LLC or (C) are prohibited from accessing or using this website or any of the website’s contents or products by applicable law.

These Terms apply to the purchase and sale of framed and unframed photograph prints (“referred to as “prints”) through www.rmhorowitz-photoimagery.com (this “Site”) and your use of this Site. These Terms are subject to change by R. M. Horowitz Photography LLC (referred to as “R. M. Horowitz “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing prints that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

In addition to reviewing these Terms, you should carefully review our Privacy Policy which is available HERE. before placing an order for prints through this Site.

Order Acceptance and Cancellation.

Your order is an offer to buy, under these Terms, all prints listed in your order. All orders must be accepted by us or we will not be obligated to sell the prints to you. We may choose not to accept any orders in our sole discretion. After having received your order and payment in full for the prints, we will send you an order confirmation email which will include an estimated shipping date. Acceptance of your order and the formation of the contract of sale between R. M. Horowitz and you will not take place until we have sent the order confirmation email. Should you need to cancel your order, please call us at 646-703-4445 or by emailing us at ross@rmhorowitz-photoimagery.com. Please note that not all orders are cancellable, and each request is handled on a case by case basis.

Prices and Payment Terms.

If you wish to obtain a quote for a print or prints offered through this Site, you must complete and submit an initial inquiry form available HERE. We will provide a quote in response to your initial inquiry which will include the price to be charged for the order, including charges for shipping and handling and sales tax. If you wish to place the order, you must then complete and submit the order form which is attached to our quote available HERE. We are not responsible for pricing, typographical, or other errors in any quote or offer by us, and we reserve the right to cancel any orders arising from such errors.

We are required by law to collect sales taxes in many jurisdictions, depending on your locale. For shipments outside of the United States, all tariffs and duties are your responsibility.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept payment by personal or business check or PayPal only for all purchases. You represent and warrant that (i) any payment you submit is duly authorized and (ii) you will pay all charges incurred by you at the posted prices, including all applicable sales taxes, if any.

Shipments; Delivery; Title and Risk of Loss.

Please check our “FAQs for Prints from This Website” for shipping information. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any damages or delays in shipments.

Title and risk of loss pass to you upon our delivery of the prints to the shipping carrier. Notwithstanding the foregoing, in the event of loss of an unmounted and unframed print, as certified by the shipping carrier, we will replace the print, at no additional cost to you and in a timely manner, only if such replacement is possible by our printer. In such a case, the edition number will indicate a “one-off” status for the replacement print. If such replacement is not possible, or is then not desired by you, your purchase price will be refunded minus the actual shipping costs. In the unlikely event that damage to an unmounted and unframed print occurs in transit, we may, at our discretion, replace the print that is damaged in transit at no cost to you, only if (i) such damage is noted on the shipping carrier’s copy and on your copy of the shipping papers and (ii) the original damaged print, with the damaged packing or emailed photos of the damaged packing, and a copy of the shipping papers with the noted damage are returned to us. Upon receipt of these items and inspection of the damage, we may replace the print at our discretion. The cost of shipping the damaged print will be borne by you.

The singular and costly mounting/framing method we have developed and use, the time involved, the necessity of crating and the resulting lack of adequate shipping insurance available to us, do not allow us to offer the same response to shipment loss or damage that we offer for unmounted and unframed prints. If a mounted and framed print is to be picked up at our studio in Ithaca, NY, the wood crate may be eliminated and a sturdy cardboard packing may be used. In this case, title and risk of loss pass to you upon delivery of the prints to you at our studio. If a mounted and framed print is to be crated and shipped, then title and risk of loss pass to you upon delivery of the prints to the shipper. It is possible for the mounting/framing option to be separated; i.e., a print may be laminated and mounted to Dibond without framing. The laminated and mounted to Dibond print may then be crated and shipped by the laminator/mounter to you or shipped by us. In either case, title and risk of loss pass to you upon delivery of the prints by the laminator/mounter to the shipper or by us to the shipper, as applicable. This option allows you to choose a different framing than we offer.

Returns.

Due to the customized nature of the prints offered through this Site, returns are not accepted.

Print Handling.

Please note that the print surface is very fragile and easily damaged if not properly handled. Before handling, hands should be washed and thoroughly dried, since fingerprints are an issue. It is suggested that nylon or lint-free cotton gloves be worn when handling the print. If possible rings, etc. should be removed. The print’s surface may be scratched if abraded by contact with another surface. Also, if not carefully handled, a crease or crack in the surface of the print may appear. If you are unsure about how to handle or unroll and re-roll the print, it might be wise to unpack and view the print in the framing shop you have selected, where the framer can handle the print.

DISCLAIMER OF WARRANTIES.
R.M. Horowitz has inspected all prints and determined that their quality meets R.M. Horowitz’s standards. R.M. Horowitz warrants that it has good and marketable title to the prints and the right to sell them to you.

THE FULLEST EXTENT PROVIDED BY LAW, R. M. HOROWITZ HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF SITE AND ITS CONTENT IS AT YOUR OWN RISK. THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. R. M. HOROWITZ MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, R. M. HOROWITZ DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR ANY PRINTS OFFERED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

NOTWITHSTANDING THE ABOVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRINT THAT YOU HAVE PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT OR ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Site Availability and Technical Problems.

We will use reasonable efforts to maintain the Site’s operation and availability but do not guarantee uninterrupted or error-free operation of this Site or any portion thereof. We are not responsible for and shall not be liable for: (1) any design, printing, typographical, or other errors, omissions, deletions, or defects, in any material associated with the presentation of our prints online; (2) illegible, incomplete, damaged, misdirected, late, lost, undelivered, or unprocessed orders; (3) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or order to be received by us on account of technical problems or traffic congestion on the Internet or on our Site, or any combination thereof, including any injury or damage to your computer related to or resulting from downloading any materials in from this Site; or (4) any condition caused by events beyond our control of which may cause the order communications to be disrupted.

Intellectual Property Rights.

This Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, prints, photographs, product listings, product descriptions, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”) are owned by R. M. Horowitz, its licensors or other providers of such Content and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws. You may not copy, download, reproduce, sell or otherwise use any of the Content without written permission from R. M. Horowitz and except as expressly authorized by these Terms.

The photographs purchased through this Site are sold for personal display purposes only and may not be reproduced, copied or altered in whole or in part by any means. Our copyright notice may not be removed from any prints or images without our prior written permission.

Trademarks.

The “Ross M. Horowitz” name and logo and all related names, logos, designs and slogans used and displayed on this Site are trademarks of R. M. Horowitz. All rights are reserved by R. M. Horwitz, and you may not use, reproduce, download, disseminate, alter or transfer such marks in any form or by any means without the prior written permission of R. M. Horowitz. All other trademarks, names and designs on this Site are the property of their respective owners.

Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy (the “Privacy Policy”), which is available HERE, governs the processing of all personal data collected from you in connection with your purchase of prints through this Site. By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of nature, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Indemnification.

You agree to defend, indemnify, and hold harmless R. M. Horowitz and its successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use or access of this Site.

Modification or Suspension of this Site or Access.

We reserve the right, in our sole discretion, to modify or discontinue this Site, or any portion of this Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of this Site.

Violations.

Any violation of these Terms (as determined by us in our sole discretion) may result in restriction or termination of your access to all or part of this Site and may be referred to law enforcement authorities.

Governing Law and Jurisdiction.

All matters relating to this Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Assignment.

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of R. M. Horowitz.

No Third Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the purchaser.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to this Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to ross@rmhorowitz-photoimagery.com or (ii) by personal delivery, overnight courier or registered or certified mail to R. M. Horowitz Photography LLC, 820 West King Rd., Ithaca, NY 14850. We may update the email address or mailing address for notices to us by posting a notice on this Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement.

These Terms and the Privacy Policy constitute the entire agreement between us and you pertaining to the use of this Site and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us.

If you have any questions or concerns with respect to these Terms or this Site, you may contact us by phone at 646-703-4445 or by email at ross@rmhorowitz-photoimagery.com.

Effective Date.

The effective date of these Terms is January 01, 2019.