Terms of service
Last Updated: 03.19.2023
Here are our terms of service, including the use of this site.
Website Terms & Conditions
OVERVIEW
This website is operated by Bougie Pet Pawtography. Throughout the site, the terms “we”, “us” and “our” refer to Bougie Pet Pawtography. Bougie Pet Pawtography offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Tilda. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Website Products/Services Return Policy (see below).
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Website Products/Services Return Policy (see below).
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bougie Pet Pawtography, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bougie Pet Pawtography and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Indiana, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at thehumans [at] bougiepetpawtography [dot] com or by mail at 3911 Concord Pike #8030, PMB #11994, Wilmington, DE 19803.
SECTION 21 - ADDITIONAL TERMS
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Website Products/Services Return Policy
REFUNDS AND RETURNS (Website Products/Services ONLY; does not apply to photography sessions, which are part of a separate agreement below)
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Subscriptions
Since subscriptions are offered month-to-month, we do not offer refunds on these products and services.
Gift Cards
Gift cards are non-refundable.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund:
- Check your bank account;
- Contact your credit card company, as it may take some time before your refund is officially posted;
- Contact your bank, sinc there is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund, please contact us at thehumans [at] bougiepetpawtography [dot] com.
Sale items (if applicable)
Only regular priced items may be refunded. Sales on sale items are final.
Exchanges (if applicable)
We only replace items if they are defective or damaged.
If you need to exchange it for the same item, send us an email at thehumans [at] bougiepetpawtography [dot] com and send your item to: 3911 Concord Pike #8030, PMB #11994, Wilmington, DE 19803.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed or emailed to you.
If the item wasn’t marked as a gift when purchased or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping
To return your product, you should mail your product to: 3911 Concord Pike #8030, PMB #11994, Wilmington, DE 19803.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Mini Session Terms & Conditions
SESSION FEE & INCLUSIONS
Client agrees to Photographer the non-refundable mini session fee at time of booking, which reserves the Client’s selected time slot and includes:
- one 20-minute mini photo session with Photographer,
- one dog (one extra dog may be included for an additional $25 fee),
- professional retouching of images, as determined by Photographer,
- three (3) high resolution digital images delivered in an online gallery for Client download and usage and with print release (delivered via email, usually within 1-2 weeks, and no later than 3 weeks, of the mini session event),
- Option to purchase additional images, at Client’s cost, and
- Virtual store where Client may purchase prints and photo products, at Client’s cost and option.
Photographer will have the best photos from the session edited and presented to Client. It is the sole decision of Photographer which photos to professionally edit from the session.
PAYMENTS (FOR FULL-SESSION PHOTOGRAPHY ONLY)
All payments are due in full unless payment arrangements have been made. Orders will not be processed until full payment is received. If Client has arranged a payment plan, order will be placed after final payment has been received.
SESSION REQUIREMENTS
Session starts at the scheduled and agreed upon time. It is strongly encouraged that Client arrives and checks in with the Photographer 5-10 minutes BEFORE the start of Client’s session and is ready to begin at the scheduled session time. Sessions will not be extended due to late arrival on the part of the Client. If Client arrives late to the session, the amount of time the Client is late will be deducted from Client’s session time.
Please do not bring any pets or children not being photographed to the session.
Please make sure any pets or humans being photographed have their fur or hair combed, as well as faces cleaned and free of runny noses or eyes. Please ensure any humans being photographed avoid eating or drinking red, orange, blue, green, or otherwise heavily-dyed foods or drinks before session, as these tend to stain faces, mouths, and teeth.
Mini sessions follow Photographer’s “One Look” rule, whereby Client, pet(s), and any humans being photographed get one look (no outfit changes).
All pets must remain on a leash at all times, unless and until the Photographer says otherwise.
All pets must be up-to-date on all vaccinations.
Client, pet(s), and any humans in attendance of the session must adhere to any location rules (for example, park rules and regulations). Failure to comply with said rules will result in cancellation of Client’s session, without refund, reschedule, or re-shoot.
COMMUNICATION
Client agrees to positive and timely cooperation and communication in order to help produce the best possible results with regard to the session.
CANCELLATION POLICY
Due to their nature and limited availability, mini sessions are non-refundable. If for any reason you're unable to make your pet's mini session (and with 24-hour minimum notice), you may EITHER (a) transfer the paid session fee to a future mini session event, (b) apply the paid session fee toward a full photography session, OR (c) apply the paid session fee toward a Bougie Pet Pawtography gift card to give to a friend or family member. Should you EITHER (a) fail to provide a 24-hour minimum notice, (b) cancel your session, (c) not show for your session, OR (d) show up late to your session, then your session fee will be forfeited. Please note that scheduled session times are firm.
PHOTOGRAPHER RESCHEDULING POLICY
Photographer reserves the right to reschedule the mini session event due to illness, weather, equipment malfunction, safety-related issue, or other circumstances beyond the Photographer’s control. Photographer will try to notify Client at least 24 hours in advance if session is to be rescheduled due to bad weather. There are no session refunds if Client cannot make the rescheduled session date; however, in that case, Client may EITHER (a) transfer the paid session fee to a future mini session event, (b) apply the paid session fee toward a full photography session, OR (c) apply the paid session fee toward a Bougie Pet Pawtography gift card to give to a friend or family member.
BACKUP LOCATION POLICY
Photographer has the right to move session event to backup location, in the event of inclement weather or other unforeseen circumstances, and will try to communicate backup location details as soon as available and possible. Backup locations are generally located as close as possible to the original location.
RE-SHOOT POLICY
Re-shoots are determined at the discretion of the Photographer. Re-shoots will not be given for poor choices of clothing, make-up-related issues, hair-related issues, weather-related issues, pet behavior, human behavior, or by not following the recommendations of the Photographer. If the photo session must be re-shot due to a Client-/pet-related issue and where Photographer has traveled to reach the destination, additional travel fees may apply. Re-shoots will be arranged at Photographer’s discretion with regard to location, props, sets, etc., as the original mini session conditions may not be recreated without added expense, unless Client will assume said expense, to be paid in full prior to re-shoot.
DIGITAL FILES
Upon receipt of access to the online photo gallery, Client accepts all responsibility for downloading, archiving, and protecting digital photos/files. Photographer does not permanently archive image files on behalf of the Client. Any images printed by Client over the provided size may lose image quality. Digital images provided in private online gallery will be in JPG format.
MODEL RELEASE
Photographer may, at Photographer’s discretion and option, use and/or reproduce images for the Client and/or for the Photographer’s own portfolio, as samples, for marketing/self-promotion, and/or for professional competition or review purposes. Client hereby releases and discharges Photographer from any and all claims and demands ensuing from, or in connection with, the use of the images.
LIABILITY
Photographer is not responsible for any injuries inflicted upon any participating parties. Client is responsible for Client’s self, as well as Client’s own pet(s), child/children, and/or business(es), and releases Photographer from any claims against Client’s person, pet(s), child/children, and/or business(es).
While every reasonable effort will be made to produce and deliver outstanding photographs of the shoot, the Photographer’s entire liability to the Client for any claim or loss arising from the Photographer’s performance is limited to a refund to the Client of the amount paid for services.
Because shoots are uncontrolled events, Photographer cannot guarantee delivery of any specifically requested image(s). Photographer cannot be held responsible for missed shots or if insufficient time is allocated for photography due to Client.
Photographer will not be responsible for photographs not taken or sessions not completed as a result of Client's failure to provide reasonable assistance, cooperation, and communication regarding the session, including but not limited to completion of the mini session questionnaire.
Care will be taken by Photographer to ensure safe-keeping of digital files taken at the event, but in an event outside of Photographer’s control, Photographer’s entire liability is limited to a full refund of the paid session fee.
Photographer is not responsible for quality of, delivery of, or damage caused during delivery of any prints or photo products ordered from virtual store by Client, as that purchase is separate from this agreement and is between the virtual store and the Client.
RETOUCHING & CONVERSIONS
Standard light retouching is included in the session fee and includes things like light blemish removal. Complex retouching includes things like removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white. Complex retouching and conversions may result in an additional fee.
COPYRIGHT
It is understood that Photographer owns and retains copyright to all of the digital images. Upon receipt of full and final payment and delivery of final images, Client is granted license to use the digital images for Client’s own non-commercial purposes, such as printing, electronic messaging, exchanging with friends and relatives, and/or display on the Internet; however, the images may not be edited or altered in any way.
SESSION RECORDING
No cameras/camcorders or any other recording devices are allowed during the session unless prior written arrangement and consent has been made between Client and Photographer.
SAFE WORKING ENVIRONMENT
Client agrees to undertake best efforts to ensure Photographer and Photographer’s staff are treated with respect and dignity and that Photographer is provided with a safe working environment. Should an issue arise regarding safety or harassment during the session, Photographer will make reasonable efforts to handle the matter safely and professionally. If the situation is not remedied in a reasonable amount of time, Photographer reserves the right to cancel the remainder of the event or session. Safe working environment issues include, but are not limited to, any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe. In the event such cancellation is caused by the Client, Client will not be entitled to any refund, reschedule, or re-shoot. In the event such cancellation is caused by a third party, Photographer will make every effort to reschedule or re-shoot the event or session (see PHOTOGRAPHER RESCHEDULING POLICY and RE-SHOOT POLICY).
ENTIRE AGREEMENT
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, with that agreement signed by both parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
This constitutes an order for one mini photography session with Photographer.
