Terms of Sale, Return Policy, and Order Modifications
Terms of Sale and Order Modifications
PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, MOBILE APP, E-COMMERCE SITE, AND ON-LINE STORE. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION PERTAINING TO YOUR RIGHTS AND OBLIGATIONS AS WELL AS CONDITONS AND LIMITATIONS THAT MAY APPLY TO YOU. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND AGAIN WHEN YOU PLACE YOUR ORDER REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE AND SALE, DO NOT USE THIS WEBSITE, MOBILE APP, E-COMMERCE SITE, AND ON-LINE STORE.
Legal Age and Age Verification
Our products and services are intended ONLY for those 18 years of age or older.
Due to the prevalence of fraud, we reserve the right to ask for further information to prove your identity. Failure to timely comply with our requests or requests by third party services we use, may result in the cancellation of your order and/or reporting you to federal and local authorities.
License and Site Access
Your use of this site is to use its contents for personal, non-commercial viewing, and purchasing purposes only. We reserve the right to terminate your access to this site or any of its contents or products, at any time, without notice. Your use of this site does not create any joint venture, partnerships, employment, or agency relationship between you and us.
Disclaimer Links
Throughout the site, we may have links to other websites. These websites are not under our control and we are not responsible for their content. These links are purely for your convenience and the inclusion of which does not imply any endorsement of the site, its products, or any affiliation with that link or its operators. As we do not control those links once they have been accessed, you use those links at your own risk.
Placing an Order
MJG Fotos, LLC (“MJG Fotos”) prides itself in delivering the best quality products with superb craftsmanship. Due to the unique nature of the process involved in developing, manufacturing, and delivering the foregoing products, MJG Fotos will grant modifications to orders, including cancellations or returns, on a case-by-case basis. For more information regarding the Terms of Sale as well as Order Modifications, please see below.
When placing an order with MJG Fotos, MJGfotos.com, or any of its authorized agents or employees, you are responsible for supplying complete and accurate information as it relates to your order, including, but not limited to, your complete name, shipping and billing address (we do not ship to P.O. Boxes), e-mail address, telephone number, and payment method.
MJG Fotos, its affiliates, subsidiaries, third-party vendors, authorized agents, or employees will not assume any responsibility for incorrect information supplied and mis-deliveries.
Shipment, Title, Risk of Loss, Force Majeure
You represent and warrant that all debit card, checking account information, credit card, or any pertinent payment information you supply is true, correct, and complete; that you are the authorized user of the payment method for purchasing; that charges incurred will be honored by you and your credit card issuer; and that you will pay all charges and applicable taxes.
Title and risk of loss of product pass to you upon transfer to first delivery carrier. We are not responsible for lost, misplaced, damaged, missing packages, or errors by the distributor.
We are not liable or responsible to you nor deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when the cause is due to acts or circumstances beyond our control, including without limitation, acts of God, flood, natural disaster, explosion, government action, war, invasion or hostilities, whether declared or perceived, terrorist threats or acts, riot, civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes, labor disputes, delays or restraints facing vendors or carriers, obtaining adequate or suitable materials or supplies, or the breakdown of communication or power outage.
Changes or Cancellations
As stated above, the products that are sold by MJG Fotos are specifically designed and crafted on a per-order-basis. Since the products are specifically made for the customer ordering them, it is important to note that order changes, including any modifications such as cancellations, are granted on a case-by-case basis. Once an order is placed and the product begins being manufactured, the order cannot be cancelled or modified.
If you have any questions concerning your order or are interested in placing one, but have questions, please Contact Us.
Return Policy
As stated above, due to the nature of the products sold by MJG Fotos, returns will only be granted on a case-by-case basis. Please keep in mind that these products were specifically designed and manufactured for your order, which makes them unique in nature and quality. As a result, reselling them to another purchaser can present limitations on MJG Fotos.
It is your responsibility to ensure all delivery and shipping information is correct. Errors due to inaccurate addresses is your responsibility. We will not reship orders until the original shipment is returned to us, at no cost to us, and you have paid for the cost to reship; as well as any other associated costs.
Color Reproduction
Accurate color representation on computer monitors varies, by its nature, from monitor to monitor. Consequently, colors displayed on MJG Fotos’ website may not accurately match the colors on the final product ordered by the customer.
Notice and Communications
By providing your contact information, you give us the right and permission to contact you via that information. Additionally, you agree that any communication we give you via that same contact information will suffice as providing you legal notice for any matter.
Indemnity
You agree to indemnify, defend, and hold harmless MJGFotos, its officers, directors, employees, agents, and third parties, both affiliated and unaffiliated, for any losses, costs, liabilities, and expenses, including all attorney’s fees, related to arising out of your use or inability to use our site or services, our age verification service, any content, data, or confidential information, any breach of any provision, any negligence, any postings made by you, your violation of any of these terms, your violation of any third party terms, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in with event you will fully cooperate with us to assert any and all defenses.
Cookies & Privacy
By using our site, you grant us permission to use cookies to track your device. Our use of cookies is to help prevent against minors accessing our site and products; as well as assist us in improving our content. We care about protecting and ensuring the security and privacy of your data. See our Privacy Policyfor more information.
Intellectual Property, Copyright, and Trademark
The entire content of this site is copyrighted under the laws of the United States and is licensed to and the property of MJGfotos. We grant you permission to electronically copy and print hard copy portions of any part of this site for your own non-commercial use and/or in relation to any order you place with us. Any other use, including but not limited to, reproduction, distribution, display, or transmission of content is strictly prohibited unless authorized by us through prior written consent. You agree not to modify or delete any proprietary notices downloaded from our site.
All trademarks, service marks, and trade names of MJGfotos and any of all MJGfotos’ affiliates used in association with this site are trademarks and registered trademarks of MJGfotos and any of its affiliates.
We respect the rights of other’s intellectual property. If you believe that there is a violation of your intellectual property on this site, please contact us immediately.
Third Parties
These terms do not and are not intended to confer any rights, remedies, or expectations upon any other person or entity besides you.
Limitation on Liability
We are not responsible for any damages that result from the use, or inability to use, the information on this site or the performance of the products.
Note to International Users
The information, products, and services on our site are hosted within the United States and targeted towards United States Citizens, Nationals, and Permanent Residents that are at least eighteen (18) years of age and located in the United States, territories, and jurisdictions. If you access our site or services from outside the United States, you are solely responsible for compliance with local laws. You agree you will not use our content in any country or in any manner prohibited by any applicable laws or regulations.
Severability
If any provision of these terms is found to be invalid, illegal, void, or unenforceable, then that provision shall be deemed severed; however it will not affect the validity or enforceability of the remaining provisions of these terms. Instead, the severed provision may be superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Arbitration/Trial by Judge/Jury/Class Action
At our sole discretion you may be required to submit any disputes arising from or concerning these terms to final and binding arbitration under the rules of American Arbitration Association, or a similar arbitration service selected by the parties. Unless we agree in writing otherwise, the arbitrator(s) may not consolidate more than one person’s claim(s), and may not preside over any form of a class action. At its sole discretion, shall select the number of arbitrators and the seat and legal place of arbitration shall be Miami, Florida.
Any arbitration or other legal action under these Terms will only take place on an individual basis; class arbitrations, representations, collections, or any other class actions are not permitted. By using this site you agree the parties may only bring claims against the other only in each other’s individual capacity and not as a plaintiff or class member in any class actions, in any format, such as the form of a private attorney general action.
Assignment
You may not assign or delegate any of your rights or obligations under these Terms without our prior written consent. At no point does any assignment or delegation relieve you of your obligations under these Terms.
No waiver
Our failure to enforce any right, provision, or obligation of these Terms does not constitute a waiver of future enforcement of that right, provision, or obligation. Any waiver will only be effective if in writing and signed by one (1) of our duly authorized representatives.
Governing Law
Any claim relating to any of our products, services, website, mobile app, e-commerce site, or online store shall be governed by the laws of Florida without regard to any conflict of law provisions.
Entire Agreement
These Terms and Conditions of Use and Sale and our Privacy Policyare deemed the final and integrated agreement between you and us on the matters contained. These terms supersede any prior or contemporaneous communications and proposals between you and us with respect to this site.
Change of Terms
We reserve the right to change the terms of this agreement at any time and without notice to you. You should check back frequently to know any changes we make to these terms.