Terms and Conditions

1. Introduction and Acceptance

• These Terms and Conditions ("Terms") govern your use of the Isee Studio website (the "Site") and all transactions related to the purchase of photography, prints, digital files, and related products (the "Products") from [Your Company Name/Legal Entity Name] (the "Company", "we", "us", or "our").
• By accessing, browsing, or using the Site, or by placing an order, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must not use the Site or purchase any Products.
• We reserve the right to modify these Terms at any time. The most current version will always be posted on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

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2. Products and Availability

• Product Descriptions: We strive to ensure that all Product descriptions, photographic reproductions, and pricing are accurate. However, we do not guarantee that the colors, textures, or details you see on your screen will perfectly match the actual Product, as this may vary based on your monitor and device settings.
• Pricing: All prices are listed in AUD and are subject to change without notice. The price charged to you will be the price displayed at the time your order is submitted. Prices do not include any applicable taxes, duties, shipping, or handling charges, which will be calculated and added during checkout.
• Availability: All Products are offered subject to availability. If a Product you have ordered is unavailable, we will notify you as soon as possible and offer you an alternative, a refund, or a credit.

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3. Orders and Payment

• Order Confirmation: Your order constitutes an offer to buy the Product(s). All orders are subject to acceptance by us. You will receive an email confirmation once your order has been placed. This confirmation does not signify our acceptance; it only confirms receipt of your order.
• Acceptance: Our acceptance of your order, and the formation of the contract of sale, occurs when we send you an email confirming that the Product has been shipped (or, in the case of digital downloads, when the download link is sent).
• Payment: We accept payment via [List Accepted Payment Methods, e.g., Visa, Mastercard, PayPal, etc.]. Payment must be received in full before an order is processed and shipped/delivered.

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4. Shipping, Delivery, and Risk of Loss

• Shipping Methods: We ship Products via [List Shipping Carriers, e.g., Australia Post, FedEx, etc.]. Shipping times are estimates and are not guaranteed.
• Shipping Costs: Shipping and handling costs will be calculated and displayed before you finalize your order.
• Risk of Loss: The risk of loss and title for all physical Products pass to you upon our delivery to the carrier. We are not responsible for any shipping delays, loss, or damage to the Product once it is in the possession of the shipping carrier.
• International Orders: You are responsible for any customs duties, taxes, or import fees that may be levied by your country upon delivery.

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5. Digital Downloads (If Applicable)

• Delivery: Digital files will be made available for download immediately upon successful payment or via an emailed link.
• No Physical Product: By purchasing a digital download, you acknowledge that you are purchasing a license to use a digital file, and no physical product will be shipped.
• Refunds: Due to the nature of digital goods, all sales of digital downloads are final and non-refundable, except where required by law or if the file is proven to be corrupted or unusable.

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6. Returns, Exchanges, and Refunds

• Physical Prints/Products:
  • If you are unsatisfied with your physical Product, you must notify us within [e.g., 7] days of receipt.
  • Returns or exchanges are only accepted if the Product is damaged during shipping or if there is a verifiable defect in the print quality.
  • If a Product is accepted for return, it must be shipped back in its original condition and packaging. You will be responsible for return shipping costs unless the return is due to our error.
• Custom/Commissioned Work: All sales of custom-made or commissioned photography are final and non-refundable.
• Processing: Refunds will be processed within [e.g., 14] days of receiving the returned item and verifying the damage or defect.

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7. Intellectual Property and Licensing (Crucial Section)

• Ownership: The photographer ([Your Company Name/Photographer's Name]) retains all copyright and ownership rights to all photographs, images, and creative works, whether sold as physical prints or digital files.
• Physical Prints: When you purchase a physical print, you are purchasing the physical object, not the copyright to the image itself. You may not reproduce, scan, copy, or digitally distribute the image in any way.
• Digital Files (Limited License): When you purchase a digital file (where offered), you are granted a non-exclusive, non-transferable perpetual personal use license. This license permits you to:
  • Print the image for personal use and display.
  • Use the image as a personal desktop background or screensaver.
• The license DOES NOT permit:
  • Commercial use (selling, licensing, advertising, or promoting any product/service).
  • Republishing, reselling, or sub-licensing the digital file or any prints derived from it.
  • Editing, modifying, or creating derivative works from the image.
• Commercial Licensing: Any commercial use requires a separate, written Commercial Licensing Agreement with the Company.

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8. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Products; (b) any conduct or content of any third party on the Products.

In no event shall the Company’s aggregate liability for all claims relating to any Product purchased exceed the amount you paid for that specific Product.

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9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales (NSW) and the Commonwealth of Australia, without regard to its conflict of law provisions.

You agree that any legal action or proceeding relating to your use of the Site or the purchase of Products shall be brought exclusively in the courts of New South Wales.

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10. Contact Information

Questions about the Terms and Conditions should be sent to us at:

• Email: [Your Support Email Address]
• Mailing Address: [Your Company Mailing Address]

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